Federal Court overturns UBI decision against TVO
The coverage by TVO, the Eastern Switzerland television station, of the licensing dispute in late 2009 was appropriate. The Federal Supreme Court has reached this conclusion and has thereby overturned a decision by the Independent Complaints Authority for Radio and Television from January 2011.
According to a press release, in December 2009 TVO television in Eastern Switzerland reported intensively on the Federal Administrative Court's decision that TVO's license should be reconsidered. Within a week, several reports on the topic were broadcast, as well as the program "Fokus", in which the then President of the Government of St. Gallen, Joe Keller, and TVO Managing Director André Moesch discussed the difficult situation for the broadcaster. Tele Säntis initiator Günter Heuberger then complained to the ombudsman for radio and television broadcasters about the reporting. This was one-sided and unbalanced. The ombudsman rejected the complaint in March 2010, whereupon Günter Heuberger turned to the next instance, the Independent Complaints Authority for Radio and Television. In January 2011, the UBI ruled that the TVO news reports complained about were correct. On the other hand, the "Fokus" program had violated the principle of fairness, particularly with regard to the composition of the discussion panel.
TVO did not agree with the UBI's decision on the "Fokus" program and appealed to the Federal Supreme Court. The Second Public Law Division of the Federal Supreme Court has now ruled in the last instance and agrees with TVO: the Fokus broadcast of December 16, 2009 did not violate the principle of fairness. The UBI's decision is therefore annulled. The author of the complaint, Tele Säntis initiator Günter Heuberger, will bear the court costs and must pay TVO compensation.
Even though the detailed ruling is not yet available, TVO is pleased with the result, according to the press release. The unjustified accusations against TVO's reporting, which have been repeatedly raised in the still unresolved proceedings regarding the TV license for Eastern Switzerland, are thus finally off the table.
