Switzerland

[CH] Illegal Commercial Breaks on Private Station TV3

IRIS 2000-1:1/13

Oliver Sidler

Medialex

In a decision reached in December 1999, the Federal Office of Communication (BAKOM) concluded an official investigation by ruling that TV3 had broadcast illegal commercial breaks. The charge particularly concerned the interruption of hour-long programmes such as Fohrler live, Räz and Emergency Room. The programmes were split into two, with a break containing advertising together with either the game Due or the weather forecast. However, these hour-long programmes constituted single productions which, under the provisions of the Radio and Television Act (Radio- und FernsehgesetzRTVG), may not be interrupted; this would only be permitted if the programmes lasted more than 90 minutes. In a concurrent case, the BAKOM is also deciding whether these interruptions breach criminal law; if this is so, TV3 can expect to be fined up to SFr 50,000 and to forfeit the income received illegally.