SRG violates the principle of diversity of opinion with its contribution to the Covid Act

Federal Court rejects SRG appeal

As announced by the Federal Supreme Court, the SRG’s appeal has been dismissed. On 14 November 2021, Radio Télévision Suisse (RTS) broadcast the report “La haine avant la votation sur la loi Covid” (The hatred before the vote on the Covid law). It should be emphasised that the vote on the Covid law took place two weeks later. Among other things, it reported on the tense political climate in Switzerland in connection with the pandemic measures.

A complaint was lodged against this broadcast, which was upheld by the Independent Complaints Authority (ICA). This was because the principle of diversity of opinion had been violated and, in particular, the timing of the publication was given increased weight. It was mainly supporters of the Covid measures who had their say, which had led to the creation of a one-dimensional image. SRG lodged an appeal against this decision with the highest court. This rejected the appeal on 20 September 2023 on the grounds that the appellant was in breach of Art. 4 RTVA, which states that the unilateral influencing of the public is prohibited or that the result of the vote must be prevented from being distorted by unilateral influence. With regard to the vote, SRG should have been all the more cautious. In doing so, it violated a central principle of the functioning of direct democracy. Furthermore, the critics of the Covid law were hardly given a chance to speak. The impression was also created that those critics had a greater urge to use violence. The bottom line is that the diversity requirement was violated due to insufficiently balanced presentation shortly before the vote, which is why the UBI’s decision was found to be in compliance with federal law.

Source:

Press release of the Federal Supreme Court: https://www.bger.ch/files/live/sites/bger/files/pdf/de/2c_0859_2022_yyyy_mm_dd_T_d_12_41_04.pdf

BGE not yet published.