The SLK is an excellent example of self-regulation within the advertising industry

Both consumers and the business community have an equal interest in ensuring that the rules on fair commercial communication are observed. Nicolas Adolph of APG|SGA serves as the external expert representing the outdoor advertising sector on the Swiss Fair Trading Commission (SLK). In the following interview, he talks about his role.

Mr Adolph, what role does outdoor advertising play within the Fair Trading Commission?

Nicolas Adolph: APG|SGA and AWS (Outdoor Advertising Switzerland) have been supporting the SLK for many years, both financially and, above all, with their expertise. Beat Holenstein represents the interests of the outdoor advertising sector on the Foundation Board, whilst I am the expert on all matters relating to outdoor advertising. Depending on the case, however, I can comment on current issues discussed at the meetings. This is because the SLK brings together representatives from the consumer, media services and advertising sectors on an equal footing across its three chambers. Both in the panel of experts as well as in the chambers These are voluntary roles requiring a high level of professional expertise.

What are the current hot topics?

If we take the last activity report The SLK’s figures show that by far the largest number of complaints related to ‘aggressive sales tactics’ (32.6 per cent). Complaints also frequently relate to ‘sexually discriminatory commercial communications’ (16.8%) or ‘misleading information’ (13.7%).

Does every person have the right to lodge a complaint with the Commission about advertising they consider inappropriate?

In principle, yes! However, the complaint must clearly state which breaches are alleged in connection with the advertising material in question – or, more precisely, what exactly about the advertising material is considered to be unfair. Since the introduction of electronic complaint submission via the SLK’s website in 2020, the number of complaints has risen. 2021 went down in the records as a record year with over a hundred cases. Of these, however, only 45 per cent were upheld.

How does the complaints procedure work?

The SLK meets several times a year – roughly every two months – to rule on the complaints it has received. This is done in accordance with a procedure that is simpler, quicker, more efficient and less costly than court proceedings. However, its work is comparable to that of a court. The SLK’s decisions have the advantage of being well accepted by the parties involved, which results in a low number of appeals. The Commission does not, however, issue judgements, but merely makes recommendations.

What are the objectives?

The aim is for advertisers and media providers to implement the SLK’s recommendations on a voluntary basis, thereby avoiding the risk of legal disputes – an excellent example of the self-regulation in the advertising industry and industry.

Mr Adolph, thank you very much for your replies.