The Supreme Constitutional Court has unanimously dismissed an appeal by the company that owns the radio station Kiss FM, upholding an earlier Administrative Court ruling that found a €500 administrative fine imposed by the Cyprus Radio Television Authority to be lawful.
The case concerned a radio advertisement broadcast on 26 May 2017, between 18:42 and 18:47, for Burger King and Esso. The advert included a horn sound effect, which the Authority found could mislead or startle listeners, particularly people driving at the time.
The Authority launched the investigation on its own initiative, focusing on whether the sound effect could cause confusion or alarm among motorists listening to the radio. It also considered the potential risk to road safety, including for children who may have been travelling in vehicles.
The company initially challenged the fine before the Administrative Court, which rejected its recourse. It then appealed to the Supreme Constitutional Court, raising four main arguments: alleged violation of its right to be heard, incorrect interpretation of Regulation 36(3) in relation to advertisements, an erroneous finding regarding “imitation” under the relevant code, and an incorrect assessment of the possible safety risk.
The court rejected all grounds of appeal, finding that the company’s right to be heard had not been breached and that its positions had been sufficiently considered throughout the administrative process.
It also noted that the Broadcasting Authority’s assessment of the potential danger posed by the horn sound effect was a technical judgment by the administration. Such judgments, the court said, are not subject to substantive judicial review unless there is an obvious error or excess of power.
The court upheld the original ruling and maintained the €500 fine. It also ordered the appellant company to pay €4,200 in legal costs, plus VAT.
