New appeal possibilities before the UBI
The Independent Complaints Authority for Radio and Television (UBI) is now also responsible for handling complaints regarding online content and other journalistic offerings from the Swiss Radio and Television Corporation (SRG).
The legal framework for this additional supervisory activity is largely the same as for proceedings against radio and television broadcasters. Until now, the UBI was exclusively responsible for dealing with complaints against radio and television broadcasters of Swiss broadcasters. Complaints could be made about radio and television broadcasts and the refusal of access to programming. With the entry into force of amendments to the Radio and Television Act, complaints against online content and other SRG journalistic offerings, which, like teletext and the Swissinfo information platform, also form part of the programming mandate, have also been possible since 1 July.
The procedure largely corresponds to that for radio and television broadcasts. A complaint can be submitted to the relevant ombudsman's office within 20 days of publication or after a request for access has been rejected. The ombudsman's offices mediate between the parties involved and provide information on the results of their investigations in a report. Once the proceedings before the ombudsman's office have been concluded, a complaint can be lodged with the UBI. The UBI must assess whether the relevant broadcasting law has been violated. This includes, in particular, the principles of information, such as the principle of fairness and diversity, the observance of fundamental rights (e.g. protection of human dignity, prohibition of discrimination) and the protection of minors.
The entry into force of the amendment to the law also extends the right of appeal before the UBI. If they are personally affected, both Swiss and foreign persons are now entitled to lodge an appeal. The right of appeal remains limited to persons with Swiss citizenship or a residence or settlement permit in the case of popular complaints.
The UBI is an extra-parliamentary commission of the Swiss Confederation. It is organized like a court and is chaired by Vincent Augustin, a lawyer from Chur. The UBI's deliberations are generally public and its decisions can be appealed to the Federal Supreme Court. As with the ombudsman's offices, proceedings before the UBI are generally free of charge.
