Botox mice: Federal Court rejects SRG complaint
In a special program on Botox, Swiss television wrongly failed to report that hundreds of thousands of mice die in animal testing for the production of this neurotoxin. According to the Federal Supreme Court, this violated the principle of accuracy.
On January 2, 2012, Swiss television broadcast a special program on botulinum toxin (Botox) in the health magazine "Puls". Among other things, the audience was informed about the medical and cosmetic application possibilities, as well as the billion-euro business for the manufacturers.
Necessary aspect
In 2012, the Independent Complaints Authority for Radio and Television (UBI) came to the conclusion, following a complaint by the Association Against Animal Factories (VgT), that the necessary animal testing in connection with Botox should also have been addressed in this broadcast. By omitting the relevant information, the requirement to provide appropriate information had been violated. The Federal Supreme Court has now confirmed this decision and dismissed the appeal by the Swiss Broadcasting Corporation (SRG). According to the judges in Lausanne, the UBI's decision is justifiable, contrary to the SRG's view. The report in question had been announced as a special program solely on the subject of Botox. Viewers were therefore entitled to assume that they would be informed about all aspects necessary for them as patients or consumers.
Influence the opinion of customers
The information that an estimated several hundred thousand mice would die each year in animal experiments with Botox should not have been ignored. The fact that more animal testing would be necessary with increasing consumption of Botox would have been suitable for influencing the attitude of potential customers. According to the court, a magazine that emphasizes its service and advice function should not be expected to conceal the aspect of animal testing. Only by mentioning the animal suffering associated with the production of Botox could the public have formed a complete opinion of its own.
The fact that the consumer magazine "Kassensturz" had addressed the issue of animal testing with Botox five years previously did not change this. Nor was it sufficient that a critical article on animal testing had appeared on the SRG homepage in a supplementary article to the Puls program. (SDA)
