Illegal image advertising: Federal Administrative Court confirms fine for SRG
SRG carried out unauthorized advertising for UBS in its Alinghi special broadcasts in 2007 and must therefore pay CHF 211,000. The Federal Administrative Court has confirmed the decision of OFCOM.
SRG carried out unauthorized advertising for UBS in its Alinghi special broadcasts in 2007 and must therefore pay CHF 211,000. The Federal Administrative Court has confirmed the decision of OFCOM.
At the 2007 America's Cup in Valencia, UBS sponsored both the Alinghi team and three SF specials broadcast by SRG. When UBS was mentioned as a sponsor, a turning maneuver of the boat was shown with the UBS logo prominently emblazoned on the hull. At the same time, the text "Alinghi in Valencia - with UBS¬" was played. Immediately afterwards, the UBS logo was also displayed over a large area. The Federal Office of Communications deemed this to be an unlawful advertising statement in favor of UBS and ordered the confiscation of the corresponding revenue of CHF 211,000.
The Federal Administrative Court has now dismissed SRG's appeal and confirmed the decision of the Federal Office of Communications. The judges in Bern share the view of Bakom that SRG did not primarily refer to the UBS sponsorship of the SRG broadcasts, but primarily to the bank's financial commitment to Alinghi.
This amounted to inadmissible image advertising in favor of UBS. According to the judges in Bern, the broadcast sponsorship of UBS could have been referred to in a permissible manner with the words "This broadcast makes UBS possible for you" or something similar.
The confiscation of the CHF 211,000 in revenue was not objectionable under these circumstances. In particular, Bakom was not obliged to threaten SRG with this step in advance. Moreover, SRG had already repeatedly violated sponsorship regulations in the past.
Just two weeks ago, the Federal Administrative Court reprimanded the SRG for inadmissible sponsorship advertising for the TCS in the "Einfachluxuriös" and "Meteo" programs. In those cases, the SRG was ordered to pay CHF 341,000.
At the 2007 America's Cup in Valencia, UBS sponsored both the Alinghi team and three SF specials broadcast by SRG. When UBS was mentioned as a sponsor, a turning maneuver of the boat was shown with the UBS logo prominently emblazoned on the hull. At the same time, the text "Alinghi in Valencia - with UBS¬" was played. Immediately afterwards, the UBS logo was also displayed over a large area. The Federal Office of Communications deemed this to be an unlawful advertising statement in favor of UBS and ordered the confiscation of the corresponding revenue of CHF 211,000.
The Federal Administrative Court has now dismissed SRG's appeal and confirmed the decision of the Federal Office of Communications. The judges in Bern share the view of Bakom that SRG did not primarily refer to the UBS sponsorship of the SRG broadcasts, but primarily to the bank's financial commitment to Alinghi.
This amounted to inadmissible image advertising in favor of UBS. According to the judges in Bern, the broadcast sponsorship of UBS could have been referred to in a permissible manner with the words "This broadcast makes UBS possible for you" or something similar.
The confiscation of the CHF 211,000 in revenue was not objectionable under these circumstances. In particular, Bakom was not obliged to threaten SRG with this step in advance. Moreover, SRG had already repeatedly violated sponsorship regulations in the past.
Just two weeks ago, the Federal Administrative Court reprimanded the SRG for inadmissible sponsorship advertising for the TCS in the "Einfachluxuriös" and "Meteo" programs. In those cases, the SRG was ordered to pay CHF 341,000.
