The four journalists from Ticino were acquitted
The plaintiff has suffered a defeat in the trial brought by the private clinic Sant'Anna in Lugano against four journalists from the Ticino Sunday newspaper Il caffè della domenica. The Bellinzona Criminal Court acquitted the four defendants on all charges.
Judge Siro Quadri emphasized in his reasoning the role of the press as a watchdog for democracy: "It is better for a watchdog to bark too much than not to bark at all".
Quadri admitted that the decision had not been easy, as legal standards are weighted differently in journalism. The conduct of a journalist must be analyzed on the basis of constitutional provisions, including the paragraphs on freedom of the press. So-called defamation or defamation must also be assessed against this background.
"A newspaper can publish a news item if the topic is important to the public, if the right of reply is given, if the sources are verified and if the topic urges to be published," Quadri explained.
In this case, all the reasons were there. "The fact that a patient is confused in a Swiss clinic today is serious, not to say grotesque." The readers of the Caffè had been informed about important unanswered questions, the journalists had not exaggerated the facts given, but had drawn conclusions from the available facts.
No damage to business
The journalists were also acquitted of the accusation of commercial damage. According to Quadri, it would be impossible to get out of the lawsuits if the legislation on commercial damage in the media sector were not applied restrictively.
The background to the lawsuit is a serious medical error at the St. Anna Clinic in Sorengo TI, which belongs to the Genolier Swiss Medical Network (GSMN). This in turn is part of the Aevis Victoria Group. The Sunday magazine revealed that in July 2014, a 67-year-old patient had both breasts completely removed during an operation, although she was only suffering from a small tumor under one nipple. The patient was informed that the operation had been necessary.
It was only after she contacted the supervisory commission that she learned the facts. The clinic had to admit that patients had been mixed up in the operating theater. The surgeon was relieved of his duties.
The reporters and the editorial team of the Caffè had reported on this error in May 2016, but suspected that not only the attending physician may have been responsible for this serious incident, but that structural problems in the clinic itself were also the cause.
In the summer of 2016, the clinic filed criminal charges against the reporters and journalists for defamation and unfair competition without requesting prior counterstatements. Chairman of the Board of Directors and former FDP President Fulvio Pelli announced his opposition to the journalists at a media conference in September 2016. The Bellinzona Criminal Court has now ruled otherwise. (SDA)
