Fairness Commission: A question of environment
Advertising for adult products—which in and of itself would not be objectionable—becomes problematic when it is published in a medium that also advertises products aimed at children and families.
In principle, there is nothing wrong with the advertising, writes the Fair Trading Commission in a statement. Although it advertises erotic articles, it does not constitute pornography. Nevertheless, it was a thorn in the side of one consumer because, firstly, the commercial communication contained rather offensive words and, above all, because it was published in a brochure that was widely distributed in a circulation of 2.1 million copies and contained an extremely varied range of products aimed at families and minors.
The consumer lodged a complaint, as the statement continues. The Swiss Commission for Fair Trading (SLK) upheld the complaint because, in addition to the advertisement, it also took into account the nature of the medium in which it was published. It wrote: "If the advertisement is viewed in the context of the type and nature of the medium (catalog), a different assessment must be made". The SLK found that the catalog in question also advertised subscribers to pet magazines, a mail order company for children and family-oriented products and much more. In any case, it was not an advertising medium that was recognizably and explicitly aimed at adults. Consequently, and with regard to minors and children, the depiction in the context of this catalog is to be considered an inappropriate depiction of sexuality in accordance with principle no. 3.11.
