SBB must display poster critical of Israel
SBB must put up a poster critical of Israel at Zurich main station. The Federal Supreme Court has confirmed that SBB's general ban on explosive foreign policy messages goes too far and that the poster does not exceed the limits of what is permissible.
The poster was initially put up by the Allgemeine Plakatgesellschaft (APG) in March 2009 at several locations at Zurich main station on behalf of a member of the Palestine Solidarity campaign. After three days, SBB had it removed after being made aware of the political content.
Bound by fundamental rights
The poster is directed against Israel's settlement policy and contains the sentence "Israel: built by force on Palestinian land" and the call "Injustice demands resistance!". Following an appeal by the initiator, the Federal Administrative Court ordered SBB to approve the poster display in 2011.
The judges in Bern came to the conclusion that SBB had violated freedom of expression. The Federal Supreme Court has now dismissed SBB's appeal. The court initially confirmed that the Federal Railways are bound to respect fundamental rights when third parties use the station walls.
Domestically explosive issues permitted
The absolute ban on advertising and messages on sensitive foreign policy issues contained in the corresponding SBB regulations would overshoot the mark. A general ban on such topics would not take into account the function of freedom of expression and would be tantamount to prohibited censorship.
In addition, the fact that the station, in its function as a "City in the City", also wants to serve as a forum for political communication should be taken into account. The latest information would flicker across oversized electronic screens, which could also cover controversial foreign policy issues.
Posters on controversial domestic issues such as wearing fur or the "nuclear power plant death trap" would hang on the walls. Posters on controversial foreign policy issues would therefore fit seamlessly into the picture. As far as the specific poster is concerned, according to the Federal Supreme Court, it does make a militant statement.
No call for violence
However, it does not contain any criminal statements, nor does it call for criminal acts. It should not matter whether the views and concerns expressed appear more or less valuable to SBB and could be detrimental to the "brand" or "corporate identity" of SBB.
Even the fact that the statements on the poster were in some cases fiercely disputed in online comments does not justify banning the poster in question from the station site. Finally, the fact that the poster is critical of Israel is irrelevant. SBB would also be obliged to allow a poster critical of Palestine.
According to the court, the possibility that posters could be torn down or violent confrontations could be feared must be taken into account with appropriate measures, such as an increased presence of the railroad police. (SDA)







