Federer case again before the Fairness Commission due to an appeal

The Fairness Commission must once again deal with the question of whether Roger Federer and Xenia Tchoumitcheva have made unfair advertising on their social media accounts. This is due to appeals by the consumer protection foundation SKS.

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The SKS had objected to a film by Federer and a post by Tchoumitcheva on Instagram with the Fairness Commission because they were not marked as advertising. However, the Lauterkeitskommission rejected their submissions. (Werbewoche.ch reported). The SKS filed an appeal against these decisions.

The appeals will therefore be dealt with by the plenum of the Fair Trading Commission - the three boards of appeal combined - in the spring of 2020, the Commission announced on Wednesday.

In its first rulings on influencer advertising last July, however, the Fairness Commission upheld two complaints from the Consumer Protection Association and reprimanded snowboarder Iouri Podladtchikov and mountain biker Jolanda Neff. They had engaged in surreptitious advertising on the Instagram platform in an unfair manner.

The reasons given for the various rulings on influencers were contradictory, SKS managing director Sara Stalder explained the appeals to the Keystone-SDA news agency.

The SKS has also filed complaints with the Fairness Commission in six other influencer cases. It wants to work towards ensuring that the commission can develop a reliable decision-making practice and, in the best case, guidelines for influencers, as Stalder says.

In its deliberations, the Fairness Commission found that the title of the principle "Separation between editorial information and commercial communication" is too narrow and misleading, as it writes. It wants to adapt it so that it is clear that newspapers, radio, television and all media that produce content are meant. (SDA)

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