Facts
Sat.1 (Switzerland) AG broadcasts the surprise show "Celebrations". In its "Billboard" (sponsorship notice) of November 11 and 25, 2005, it was pointed out that the show would be "presented by the new SEAT Toledo" and the logo "SEAT auto emoción" was displayed. The Federal Office of Communications (BAKOM) found that Sat.1 (Switzerland) AG had thereby violated the broadcasting law's advertising and sponsorship provisions.
The complainant, Sat.1 (Switzerland) AG, argued that image-defining statements were permissible and that the sponsor could present itself in the way it regularly did in public and was known to the audience. However, the lower court and BAKOM found that the addition "new" and the slogan "auto emoción" were inadmissible advertising statements.
Considerations
The Federal Court has to clarify the legal question of what information a sponsor billboard can contain and whether advertising effects are allowed to be associated with it. The complainant argued that image-defining statements were permissible, while the lower court and BAKOM found that the addition "new" and the slogan "auto emoción" were inadmissible advertising statements.
The Federal Court found that sponsoring serves long-term image gain and is not focused on the short-term conclusion of legal transactions. The legislature allowed sponsoring in 1991 with the idea that often culturally significant and financially expensive productions could be enabled and facilitated in this way. However, the audience has a right to know whether a show has been sponsored and by whom.
The Federal Court concluded that the claim "auto emoción" has an advertising effect within the meaning of Art. 19 para. 3 RTVA 1991 in conjunction with Art. 11 para. 1 RTVO 1997 (or today Art. 20 para. 2…