Federal Court rejects restriction on short sports coverage
The Federal Supreme Court has ruled that regional private television stations may continue to produce their own soccer and ice hockey segments for brief news coverage—even if the SRG holds exclusive rights.
The Federal Supreme Court has ruled: The regional private television stations may continue to produce their own football and ice hockey reports for short reports. Even if SRG has exclusive rights. SRG's appeal was thus rejected by the highest court. SRG had invoked the guarantee of ownership and economic freedom.
The dispute between SRG and the eight regional private television stations Tele Bärn, Tele Basel, Tele M 1, Tele Ostschweiz, Tele Südostschweiz, Tele Tell, Tele Top and Tele Züri is about the right of regional stations to broadcast short reports of sporting events. The Radio and Television Act obliges the holders of exclusive rights to grant the possibility of short reports. On the one hand, the image material must be made available, and on the other, access to the event itself.
However, the regional television stations are restricted in their use of the material. The report may not exceed three minutes and may only be broadcast once the event is over. In addition, filming permission is limited to matches involving teams from the licensed broadcasting area. Although SRG was prepared to make its material available, it wanted to restrict the filming rights of the regional television stations. Tele Züri and Co. were only to have the right to record images of the atmosphere and any interviews. Images of the match itself should be excluded.
Eight regional broadcasters defended themselves against the SRG's request. They appealed to the Federal Office of Communications, which ruled in their favor. The Federal Administrative Court confirmed this decision, whereupon the SRG took the case to the Federal Supreme Court.
As can be seen from the ruling published on Thursday and reported by SDA, the Federal Supreme Court now also supports the decision of Bakom. The court states that short reporting plays an important role in information activities. The right of a secondary broadcaster to report from a different perspective is an important contribution to the diversity of opinion. The general public should not be excluded from public events through the granting of exclusive rights. SRG had invoked the guarantee of ownership and economic freedom to legitimize its claim. It was not acceptable for the primary broadcaster to acquire broadcasting rights for expensive money and for others to benefit from these rights free of charge.
The Federal Supreme Court has now denied the SRG the right to restrict television stations' access to sports images. The regional television stations must be granted access as far as the technical and spatial conditions allow. In particular, the holder of the exclusive rights has priority in the positioning of cameras and microphones.
The dispute between SRG and the eight regional private television stations Tele Bärn, Tele Basel, Tele M 1, Tele Ostschweiz, Tele Südostschweiz, Tele Tell, Tele Top and Tele Züri is about the right of regional stations to broadcast short reports of sporting events. The Radio and Television Act obliges the holders of exclusive rights to grant the possibility of short reports. On the one hand, the image material must be made available, and on the other, access to the event itself.
However, the regional television stations are restricted in their use of the material. The report may not exceed three minutes and may only be broadcast once the event is over. In addition, filming permission is limited to matches involving teams from the licensed broadcasting area. Although SRG was prepared to make its material available, it wanted to restrict the filming rights of the regional television stations. Tele Züri and Co. were only to have the right to record images of the atmosphere and any interviews. Images of the match itself should be excluded.
Eight regional broadcasters defended themselves against the SRG's request. They appealed to the Federal Office of Communications, which ruled in their favor. The Federal Administrative Court confirmed this decision, whereupon the SRG took the case to the Federal Supreme Court.
As can be seen from the ruling published on Thursday and reported by SDA, the Federal Supreme Court now also supports the decision of Bakom. The court states that short reporting plays an important role in information activities. The right of a secondary broadcaster to report from a different perspective is an important contribution to the diversity of opinion. The general public should not be excluded from public events through the granting of exclusive rights. SRG had invoked the guarantee of ownership and economic freedom to legitimize its claim. It was not acceptable for the primary broadcaster to acquire broadcasting rights for expensive money and for others to benefit from these rights free of charge.
The Federal Supreme Court has now denied the SRG the right to restrict television stations' access to sports images. The regional television stations must be granted access as far as the technical and spatial conditions allow. In particular, the holder of the exclusive rights has priority in the positioning of cameras and microphones.
