The Swiss Federal Office of Communications (OFCOM) held that the Swiss Radio and Television Corporation (SRG SSR) violated the requirement for separation of advertising from editorial programs by broadcasting commercials in the program showing one of its co-hosts.
In its decision, Swiss Federal Office of Communications (OFCOM) interpreted the prohibition for broadcaster's "permanent editorial employees" to participate in the its advertising broadly. OFCOM considers the reason for the employee's engagement by the broadcaster and the association made by the audience as relevant criteria to determine a permanent editorial employment. Only employees engaged as expert commentators due to their expertise in fields, such as sports or culture, do not fall under the prohibition.
In the present case, the co-host was engaged on a case-by-case basis only. However, OCFOM found that her appearance in several episodes of three different TV formats resulted in association with the broadcaster's program by the audience. Her engagement by the broadcaster was not motivated by her expertise in a specific field but rather by her ability to become an identifiable figure of the broadcaster. In addition, the commercials were broadcasted in the same weeks as the editorial program.
As a result OFCOM held that SRG SSR violated the separation requirement and ordered the SRG SSR to communicate measures taken to avoid repeated violations. OFCOM did not take any administrative sanctions in the present case, taking into consideration the efforts made by the broadcasters to identify critical commercials.
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