Facts
The Federal Court decided on an administrative court appeal against a decision of the Independent Complaints Authority for Radio and Television (UBI) regarding an advertisement spot of the "Alliance against Advertising Bans". The appellants, representatives of organisations for tobacco and cancer prevention, argued that the spot should be classified as prohibited political advertising within the meaning of Art. 18 para. 5 of the Federal Law on Radio and Television (RTVA). However, the UBI had considered the spot to be admissible.Considerations
The Federal Court dismissed the appeal. It stated that the prohibition of political advertising on television is only justified under the case law of the European Court of Human Rights (ECHR) if it corresponds to a "pressing social need" and is based on "relevant and sufficient" reasons. The disputed spot was directed generally against advertising bans and did not make any direct reference to…