Federal Court: SRF must show VGT spot
Swiss television must broadcast an advertisement by the Association Against Animal Factories in which it itself is criticized. The Federal Supreme Court ruled in favor of animal rights activist Erwin Kessler and found a violation of freedom of expression.
In 2011, the Association Against Animal Factories VGT booked advertising time with the SRG subsidiary Publisuisse for a commercial. In it, the VGT's website address was shown together with the words "what other media keep quiet". VGT later submitted a modified version with the text "what Swiss television is keeping quiet".
Bound by fundamental rights
The first version was shown several times at the end of 2011. Broadcasting of the second version was refused as it would damage the public image. The Independent Complaints Authority for Radio and Television rejected the VGT's complaint in 2012. However, the Federal Court has now ruled in favour of the organization of radical animal rights activist Erwin Kessler.
According to the ruling published by the VGT on Monday, the SRG is bound by fundamental rights in the area of advertising. It is obliged to maintain a neutral, objective stance and must also allow a certain amount of criticism against itself. The VGT's commercial falls within the scope of protection of freedom of expression. This also serves the purpose of criticizing state authorities or institutions that perform state tasks. There is no legal basis for the SRG to restrict the VGT's freedom of expression.
Finally, the commercial was also not unlawful. The SRG's mere fear that it could be detrimental to its reputation did not justify the refusal to broadcast. In its decision, the Federal Supreme Court therefore concluded that the SRG had violated the constitutional rights of the VGT.
VGT President Erwin Kessler told the news agency SDA on Monday that he was standing by the broadcast of the advertisement. According to the ruling, SRG/Publisuisse are obliged to conclude a corresponding contract. The VGT and SRG have already fought several legal battles over advertising spots. (SDA)
