Bakom settles lawsuit by private broadcasters against SRG
Switzerland’s eight largest private television stations have filed a complaint against the SRG, claiming that their right to brief news coverage had been curtailed. OFCOM has now clarified this right. The decision is not yet final and may be appealed to the Federal Administrative Court.
The eight largest private television broadcasters in Switzerland have lodged a complaint against the SRG because they felt that their short reporting rights were being curtailed. This stipulates that broadcasters who do not have exclusive broadcasting rights for a specific event (usually sport) may also report on this event for three minutes. To do so, they must be granted double access: Physical access to the event, i.e. the right to shoot images on site themselves, as well as access to the signals, i.e. the images created by the exclusive rights holder. The private broadcasters filed a complaint with Bakom because the SRG had imposed additional conditions for the two access rights for ice hockey and football events, which are not regulated in detail in the new RTVA either. SRG has exclusive rights for the National League A in football, the national leagues and the Spengler Cup in ice hockey. The regional broadcasters did not agree with various of these conditions, for example whether the right of access also means that access is free of charge, or in what order the non-exclusive broadcasters are to be considered.
In its main decision of October 25, OFCOM has now made several clarifications, as it announced in its information letter. Accordingly, SRG must in principle tolerate regional broadcasters bringing their own cameras. It must also grant the necessary filming permits. However, this is subject to the proviso that the spatial and technical capacities are sufficient. In the event that capacities are limited, the OFCOM ruling determines the order in which broadcasters are to be considered. In the first place, these are those with contractually agreed priority, then those with comprehensive coverage of Switzerland or with a performance mandate if teams from their territory are involved.
In principle, physical access must be granted to regional organizers free of charge. However, reporters may have to purchase an admission ticket. If SRG incurs costs, it must disclose these in a comprehensible manner. There is no legal basis for a flat-rate accreditation fee. In the case of signal access, it was disputed which costs could be passed on to the regional broadcasters. According to Bakom, the SRG can charge a flat-rate fee here. However, this must be limited to verifiable technical and personnel costs and any other costs in connection with short reporting. Passing on the costs for exclusive rights is not permitted.
The Bakom ruling is not yet legally binding. Both SRG and the regional broadcasters can appeal against it to the Federal Administrative Court.
