M6 wins against SRG: Advertising window permissible according to Federal Court
The French private television station M6 is permitted to broadcast its programming in French-speaking Switzerland with a Swiss advertising block. The SRG lost its case before the Federal Supreme Court. According to the court, M6 is not infringing copyright, nor is the station engaging in unfair competition.
In addition, the broadcaster is gaining a competitive advantage. The Fribourg cantonal court ruled in favor of SRG a year ago. The corresponding signal was subsequently removed from the network by several cable network operators. On Tuesday, the Federal Supreme Court has now upheld M6's appeal and dismissed the SRG's claim.
No authorization in the recipient country
The judges of the First Civil Division came to the conclusion that under Swiss copyright law, the so-called broadcasting theory applies to satellite transmissions. This means that the author gives his consent to the broadcasting of his work in accordance with the law of the country from which the transmission originates. If the rights holder has given his consent accordingly, further authorization is no longer required in the recipient countries. It is therefore irrelevant whether the satellite signal contains Swiss or French advertisements.
SRG fears loss of advertising revenue
M6's conduct also did not constitute an unlawful act within the meaning of the law on unfair competition. Bernard Cron, lawyer for the French private broadcaster, expressed his satisfaction with the decision. M6 will try to ensure that the cable network operators resume the program.
According to SRG press officer Barbara Stutz, Swiss Television is very disappointed with the decision. The Federal Court's verdict could have serious consequences for the Swiss advertising market. Other French broadcasters could also show interest in advertising windows for French-speaking Switzerland.
