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IRIS 2010-4:1/11 [CH] M6 Will Be Able to Continue Broadcasting Advertising in Switzerland

In a decision that puts an end to seven years of proceedings between the Société Suisse de Radiodiffusion et Télévision (SSR) and Métropole Télévision, the Tribunal Fédéral (Swiss Federal Court - TF) has now judged that the Swiss advertising slots operated by Métropole Télévision do not contravene legislation on either copyright or unfair competition. As a result, it will be able to continue broadcasting the M6 television channel using two separate satellite signals, one directed at the French audience, and the other carrying advertising directed specifically at Swiss viewers. SSR contended that...

IRIS 2010-3:1/10 [CH] Controversial Commercial Broadcast after 16 Years

At the end of January 2010, Schweizer Fernsehen broadcast an advertisement by the Verein gegen Tierfabriken (VgT) three times, thus bringing an end to a 16-year legal dispute. In January 1994, the VgT had asked the Schweizerische Radio- und Fernsehgesellschaft (Swiss radio and television corporation - SRG) to broadcast its spot, which attempted to raise awareness of the cruel treatment of pigs and to urge viewers to eat less meat. However, SRG's subsidiary, publisuisse SA, refused this request on the grounds that the spot infringed the ban on political advertising on television. This was followed...

IRIS 2009-10:1/37 European Commission against Racism and Intolerance: Media and Internet Provisions in New Country Reports on Racism

On 15 September 2009, the European Commission against Racism and Intolerance (ECRI) made public its latest reports on the Czech Republic, Greece and Switzerland, adopted in the fourth round of its monitoring of the laws, policies and practices to combat racism in the Member States of the Council of Europe (for commentary on earlier reports, see IRIS 2009-8: 5, IRIS 2009-5: 4, IRIS 2008-4: 6, IRIS 2006-6: 4 and IRIS 2005-7: 3). Three main recommendations dealing with the (audiovisual) media and/or the Internet can be distilled from relevant sections of these reports. First, in each of the reports,...

IRIS 2009-10:1/2 European Court of Human Rights: Case of Verein Gegen Tierfabriken Schweiz (VgT) v Switzerland

After two earlier judgments by the European Court of Human Rights, the Grand Chamber of the Court again held that there has been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights on account of the continued prohibition on broadcasting on Swiss Television a commercial by an animal rights association. In response to various advertisements produced by the meat industry, Verein gegen Tierfabriken Schweiz (VgT) made a television commercial expressing criticism of battery pig-farming, including a scene showing a noisy hall with pigs in small pens. The advertisement...

IRIS 2009-9:1/11 [CH] Agreement between SSR and Swiss Audiovisual Industry

The Swiss radio and television broadcasting company (Société Suisse de Radiodiffusion et Télévision - SSR) and the main Swiss associations in the audiovisual industry have concluded a new collaboration agreement, that was signed in Locarno on 7 August 2009. The agreement is based on Article 17 of the concession granted to SSR, which requires SSR to regulate by contract the main features of its collaboration with the independent audiovisual industry. Under Article 2 of the concession, SSR is also required, in providing its services, to guarantee that an appropriate part of the market is granted...