TV sweepstakes: Acquittal in second instance

In connection with gambling on Sat 1 Switzerland, Kabel 1 and German sports television, an unnamed German service provider has been acquitted in the second instance. On Tuesday, the Zurich District Court overturned a judgment against a German service provider. In December 2005, the Zurich district court had sentenced the TV broadcaster and the service provider that technically implemented the games to fines for violations of the Lottery Act. In addition, the winnings from the games had to be paid to the Canton of Zurich (see
"Verdict and fines against TV gambling"). The TV broadcasters accepted the verdict, but the service provider appealed against the verdict and demanded an acquittal. It was only responsible for the technical implementation and not for the content. In addition, it had assumed that such games were legal in Switzerland. The court followed the argument and acquitted the service provider of the charges.  
The canton of Zurich had filed a criminal complaint with the governor stating that the quiz games on the TV stations in question were illegal due to a lack of equal opportunities. The games of chance went like this: The broadcaster asks a quiz question, the audience can take part by dialing a 0901 number. A random generator picks out those viewers from the calls who are then admitted to the game. However, the fee of 1.50 francs was charged to all callers.