Fines for Star TV operators and porn providers
On Friday, the Zurich District Court sentenced the managing director of Star TV to a fine of CHF 2,500 and a fine of CHF 5,000 each for two other media companies. The ruling imposes a duty on advertising media to monitor the offers of their advertising clients. SDA describes the ruling as a burden on Swiss media freedom.
On Friday, the Zurich District Court sentenced the managing director of Star TV to a fine of CHF 2,500 and two other media entrepreneurs to CHF 5,000 each. The ruling imposes a duty on advertising media to monitor the offers of their advertising clients. SDA describes the ruling as a burden on Swiss media freedom. The trial had already taken place in August and concerned nightly broadcast advertising spots for downloading porn clips. The public prosecutor's office had accused the defendants, Star TV managing director Paul Grau and the porn providers Televox and Lawa, of accepting that minors could also download porn as MMS on their cell phones. The charge was based on a test carried out by the cantonal police.
The conviction of the managing director of Star TV, Paul Grau, is a dangerous extension of media criminal law, writes the SDA in a report on Friday. Although Grau himself has no influence on the services provided by advertising clients, he was fined because two of his advertising clients allegedly offered services without sufficient protection of minors. The ruling contradicts the prevailing doctrine and practice, which only applies the media privilege to editorial contributions, but not to commercial advertising.
Advertising in Switzerland is subject to a clear legal framework, and the advertising media are responsible for complying with it. Extending this responsibility to the content, quality and distribution of their clients' offers and services means that editors and publishers whose media publish advertising will in future always be quasi-criminals. Paul Grau is also considering taking the ruling further for fundamental reasons.
The conviction of the managing director of Star TV, Paul Grau, is a dangerous extension of media criminal law, writes the SDA in a report on Friday. Although Grau himself has no influence on the services provided by advertising clients, he was fined because two of his advertising clients allegedly offered services without sufficient protection of minors. The ruling contradicts the prevailing doctrine and practice, which only applies the media privilege to editorial contributions, but not to commercial advertising.
Advertising in Switzerland is subject to a clear legal framework, and the advertising media are responsible for complying with it. Extending this responsibility to the content, quality and distribution of their clients' offers and services means that editors and publishers whose media publish advertising will in future always be quasi-criminals. Paul Grau is also considering taking the ruling further for fundamental reasons.
