In a ruling on August 28, the Federal Supreme Court upheld the decision of the Independent Complaints Authority for Radio and Television (Ubi), the lawyers of Geneva State Councillor Pierre Maudet announced on Monday. The Ubi had come to the conclusion that a report on the program "Rundschau" from 3 October 2018, which dealt with Maudet's trip to Abu Dhabi, had violated the principle of fairness (Werbewoche.ch reported).
According to the presenter, it was about "the Maudet file and what this has to do with the Swiss hub for dirty gold". The former FDP politician lodged an appeal against the political magazine's report. In the vote, this was approved by five votes to three. The Ubi came to the conclusion that the public had not been able to form its own opinion about the connections between the State Council's trip, the awarding of the contract and the gold.
"Restriction of media freedom"
SRF was not prepared to accept this decision and took the matter to the Federal Supreme Court. The television station argued that the Ubi decision against the "Rundschau" report restricted media freedom. A discussion of the Maudet case had become necessary following the revelations in Geneva. A state council had to come to terms with this.
With regard to the alleged violation of the principle of objectivity, SRF emphasized that it could doubt Maudet's assertion that there had never been a question of gold during his trip. SRF also rejected the accusation that it had only given the floor to critics of the politician. At the time, no independent person was prepared to stand up for him.
In its ruling, the Federal Supreme Court acknowledges that it is important to shed light on the public life of such a personality. The same applies to gold imported into Switzerland, which is controlled there by Arab companies.
However, the judges considered the references to Maudet in the introduction and at the end of the section on gold trading to be problematic. The neutral viewer could get the impression that the topic of the gold transfer was only dealt with because of the Maudet affair.
Accusation of one-sidedness
Ultimately, the role played by gold during Maudet's controversial trip to the Emirates remains an open question. There is a one-sided public opinion that the magistrate played a key role in the precious metals trade. According to the Federal Supreme Court, there is no counterweight to the possible impression that Maudet's behavior resembles corruption.
However, Maudet's refusal to comment does not release the editors from their duty to place his behavior in an overall context. Objectivity requires a reminder of the legal basis of gold trading and the role of the Federal Council and Parliament, rather than focusing on an individual person.
Offer rejected
In a statement on the ruling, SRF again pointed out that "Rundschau" had tried several times to obtain a statement from Maudet before the program was published and had also offered him an interview. (Judgment 2C_778/2019 of August 28, 2020). (SDA)