European Court of Justice rules in favor of TSR broadcast
The European Court of Human Rights has ruled that the Swiss Federal Supreme Court’s condemnation of a TSR program was incompatible with the European Convention on Human Rights. The program dealt with the history of Switzerland during World War II and, in particular, with relations between Switzerland and Germany.
The European Court of Human Rights has declared the Federal Court's condemnation of a TSR program to be incompatible with the Convention on Human Rights. The Independent Complaints Authority for Radio and Television (UBI) had condemned an edition of the program "Temps présent" broadcast in 1997. The Federal Supreme Court subsequently confirmed this ruling. The journalist responsible for the report, Daniel Monnat, then appealed to the European Court of Human Rights. The controversial program, broadcast by TSR in March 1997, dealt with the history of Switzerland during the Second World War and in particular with relations between Switzerland and Germany. Monnat's research, entitled "L'honneur perdu de la Suisse", provoked strong reactions when it was broadcast. Following a complaint by a group of television viewers, the program was condemned by the UBI in 1999 and then by the Federal Court. Monnat, who is now editor-in-chief of the TSR information magazines, then turned to the Strasbourg court.
The European Court of Human Rights considers the condemnation to be incompatible with the Convention on Human Rights, as SRG announced on Monday. The Court found that the report was based on serious historical research. The author had acted in good faith and respected journalistic principles. In its ruling, the Court feared that the Federal Supreme Court's decision could deter journalists from contributing to a topic of increased general interest. Such a sanction would therefore tend to hinder the media in fulfilling their information and control function.
The Directorate General of SRG and the management of TSR welcome the decision of the European Court of Justice. The legal block to which the program is subject will be lifted by TSR.
The European Court of Human Rights considers the condemnation to be incompatible with the Convention on Human Rights, as SRG announced on Monday. The Court found that the report was based on serious historical research. The author had acted in good faith and respected journalistic principles. In its ruling, the Court feared that the Federal Supreme Court's decision could deter journalists from contributing to a topic of increased general interest. Such a sanction would therefore tend to hinder the media in fulfilling their information and control function.
The Directorate General of SRG and the management of TSR welcome the decision of the European Court of Justice. The legal block to which the program is subject will be lifted by TSR.
