The Fairness Commission dealt with 82 complaints in 2017

Of the 82 complaints, the SLK approved 55 percent, rejected 41 percent and did not even consider 4 percent. 13 complainants or respondents did not accept its decision at first reading and appealed - all unsuccessfully. The reporting in the five media releases as well as own research from Activmag to Watson resulted in almost 50 inquiries.

The development in the media industry can also be seen in the decisions of the Fairness Commission. In 2009, only just under ten percent of complaints about unfair online advertising were filed; last year, the figure was already more than 38 percent. Even though this percentage is sure to rise in the coming years, it will probably be some time before the existing record is broken. Just before the turn of the millennium, the number of complaints against direct advertising measures reached a peak of more than 70 percent of all complaints. The corresponding number declined steadily thereafter, settling at between 10 and 15 percent of all complaints since 2010.

Sharp decline in individual complaints

Complaints about telephone calls or fax messages despite star ratings showed a similar trend. After accounting for significantly less than ten percent immediately after the turn of the century, such calls, which were mainly attributable to health insurance companies, increased to almost 60 percent of all complaints in 2011. The consequence of this sharp increase was that special provisions on telemarketing were added to the Unfair Competition Act (UCA) on April 1, 2012. Since then, corresponding complaints can also be submitted to SECO - which has been literally inundated with them since then - as well as to consumer organizations. With the result that the so-called individual complaints to the SLK have steadily declined to just under seven percent last year.

More and more competition complaints

Just under 11 percent of all complaints in 2017 were so-called competitor complaints. These are directed against the advertising of a competitor in the same industry and are usually legally very complex and elaborate. This proves that companies increasingly appreciate being able to obtain an assessment of a competitor's advertising without much effort, in a very short time and at marginal cost. All the more so as such a decision is very close to a court decision thanks to the competence of the chamber members and experts. As far as the industries themselves are concerned, none particularly stands out. The most affected "Food + Beverages" accounts for just over ten percent of all complaints, followed by "Leisure, Tourism, Hotel + Restaurant" and "Cosmetics and Personal Care". The decline in the number of complaints relating to banks and insurance companies to just two percent is striking. This is also due to the stricter regulations on telemarketing.

Gender-discriminatory advertising in first place

In terms of offenses, aggressive sales methods, which fell from just under 26 percent to around 17 percent, were displaced from the top position they had held for years. Gender-discriminatory advertising accounted for the most complaints in percentage terms, increasing from 12 to a good 18 percent of all cases. It is not possible to say, at least at present, whether this represents a trend reversal. In general, major fluctuations in the facts, this year for example in the burden of proof (from 12 to 7 percent) or in the term commercial communication (from 5 to over 12 percent), cannot usually be validly explained. If the facts are broken down according to the legal basis, it is noticeable that around 40 percent of all complaints relate to Art. 3 Para. 1 lit. b UCA; this states that anyone who "makes incorrect or misleading statements about himself, his company, his business name, his goods, works or services, their prices, the quantity in stock, the type of sales event or about his business relationships or in a corresponding manner favors third parties in competition" is acting unfairly.

Fair advertising is also an issue in the media in times of fakenews

Last year, the SLK received 48 media inquiries, which is again five more than in the previous year. This suggests that the topic of fair advertising as part of consumer protection has become more topical in times of fakenews and the lying press. The most sought-after topic, with 12 inquiries, was gender-discriminatory advertising and questions about the image of women in advertising. Online advertising, and specifically native advertising and influencer advertising, received an increasing response from the media, while the SLK has not yet received any complaints about this.