Federal Court rejects appeal by U1 TV
The cable network operator Cablecom has rightly removed the TV channel U1 TV from its analog cable network. The Federal Supreme Court dismissed the private broadcaster's appeal and specified the conditions under which a broadcaster can demand to be taken off the air.
The cable network operator Cablecom has rightly removed the TV channel U1 TV from its analog cable network. According to SDA, the Federal Supreme Court rejected the private broadcaster's appeal and specified the conditions under which a broadcaster can demand to be taken off the air.
Last November, the Federal Administrative Court came to the conclusion that U1, with its program consisting largely of quiz, talk and erotic shows, had no right to broadcast. Cablecom was therefore allowed to remove the channel from its analog network. U1 TV then appealed to the Federal Supreme Court, which has now also dismissed the broadcaster's appeal. In their decision, the judges stated that, according to the Federal Council, only programs that are classified as "particularly valuable" in terms of content should be able to benefit from mandatory activation. If a private broadcaster wishes to obtain a licence from a network provider, it must convincingly demonstrate in its application to what extent its offering makes a "special" contribution to fulfilling the objectives defined in the Federal Constitution. These objectives consist of the dissemination of information on political, economic and social issues and contributions to the development of cultural life. According to the Federal Supreme Court, however, the highest possible viewing figures are not a criterion.
Added value required over and above existing offers
What is required is an original and financially realistic overall program that has a certain added value over and above the existing licensed offerings. Individual programs that contribute to informing viewers or to cultural diversity would not suffice. U1 TV did not meet these requirements. Moreover, the fact that fewer channels are on air than theoretically possible does not give rise to a claim for activation.
U1 TV is now called Schweiz 5 and is broadcast on Cablecom's digital network.
Last November, the Federal Administrative Court came to the conclusion that U1, with its program consisting largely of quiz, talk and erotic shows, had no right to broadcast. Cablecom was therefore allowed to remove the channel from its analog network. U1 TV then appealed to the Federal Supreme Court, which has now also dismissed the broadcaster's appeal. In their decision, the judges stated that, according to the Federal Council, only programs that are classified as "particularly valuable" in terms of content should be able to benefit from mandatory activation. If a private broadcaster wishes to obtain a licence from a network provider, it must convincingly demonstrate in its application to what extent its offering makes a "special" contribution to fulfilling the objectives defined in the Federal Constitution. These objectives consist of the dissemination of information on political, economic and social issues and contributions to the development of cultural life. According to the Federal Supreme Court, however, the highest possible viewing figures are not a criterion.
Added value required over and above existing offers
What is required is an original and financially realistic overall program that has a certain added value over and above the existing licensed offerings. Individual programs that contribute to informing viewers or to cultural diversity would not suffice. U1 TV did not meet these requirements. Moreover, the fact that fewer channels are on air than theoretically possible does not give rise to a claim for activation.
U1 TV is now called Schweiz 5 and is broadcast on Cablecom's digital network.
