Facts
The applicant X. operates various value-added services in the 0906 number category, through which so-called "Telefonsex" erotic services are offered. He was convicted twice by the single judge in criminal matters of the Zurich district to fines of 500 francs for failing to disclose the price for the duration of the first ten minutes, in accordance with Art. 11 para. 1bis of the Ordinance on Price Indication (OIP). The Cantonal Court of Zurich dismissed the nullity appeals filed by X. against these decisions. X. then filed a nullity appeal with the Federal Tribunal, requesting the annulment of the decision of the Cantonal Court and his acquittal.Considerations
The Federal Tribunal dismisses the nullity appeal, to the extent that it enters into the matter. It considers that Art. 11 para. 1bis OIP, which requires providers of value-added services of numbers 156 and 0906 to indicate the price for the duration of the first ten minutes within the first twenty seconds following the establishment of the communication, is within the broad discretion granted to the Federal Council on price indication and is suitable to achieve the intended purpose, namely the protection of consumers.
It is true that some customers may misunderstand the indication of the "price for the duration of the first ten minutes", thinking that it is a flat rate to be paid even if the communication lasts only three minutes, for example. However, the provider of value-added services is not prevented from also…