Facts
From September 1999 onwards, TV3 AG broadcast various one-hour "strips" in its program schedule that were interrupted by advertising. The Federal Office of Communications found that TV3 AG had thereby violated the provisions of the Federal Radio and Television Act (RTVG) concerning advertising. TV3 AG filed a complaint, which the Federal Supreme Court is now assessing.
Considerations
The Federal Supreme Court dismisses the complaint. The interpretation made by the Department that, according to Art. 18 para. 2 RTVG, self-contained programs of less than 90 minutes may not be interrupted by advertising, is neither contrary to the law, the Constitution, nor international law. The provision is intended to prevent programs from being constantly interrupted by advertising and viewers being forced to endure it in order to follow a program as a whole.
A more generous interpretation of Art. 18 para. 2 RTVG, as proposed by the complainant, is not possible. Changes to the advertising regulations are a matter for the legislature and cannot be anticipated through interpretation. Nor is Switzerland obliged under international law to regulate advertising…