UBI: Freedom of expression and protection of minors
In 2012, the Independent Complaints Authority for Radio and Television (UBI) received 20 new complaints against radio and television broadcasts, two more than in the previous year. Of these, the UBI upheld four.
This concerned the free formation of opinion and the protection of minors. In the same period, the ombudsman's offices upstream of the UBI received a total of 203 complaints (2011: 222). Of the 203 complaints, 9.9% of these cases subsequently resulted in a complaint to the UBI. Over 90 percent of complaints against radio and television broadcasts were thus finally settled by the ombudsman's offices. This underlines their important role in the overall supervisory procedure, the press release continues.
18 complaints to the UBI were directed against television broadcasts and two against radio broadcasts. Sixteen cases concerned German-language broadcasts, three concerned French-language broadcasts and one concerned an Italian-language broadcast. Apart from two broadcasts by local television broadcasters, the complaints related exclusively to SRG programs. The individual subjects of complaints were broadcasts by Swiss Television SF 1 (12), Radio Télévision Suisse RTS (3), Radio DRS 1 and 2 (1 each), RSI La 1 (1), Telebasel (1) and Tele Bärn (1).
Without exception, the program complaints were directed against programs with information content. The main claim was a violation of the principle of fairness, which protects the public's freedom of opinion. The UBI upheld four complaints (2011: 6).
For example, it upheld a complaint against a report on the program "Mise au point" (RTS), in which the Gaddafi affair in Geneva was discussed. The principle of fairness was violated because a lawyer involved was not given the opportunity to comment on serious accusations made against him by a State Councillor. The audience was also unable to form an opinion on a report by the news program "19:30" (RTS) on the planned Chaplin Museum. A Russian businessman was accused of having links to the mafia without any statement from the person concerned and without any substantiated evidence. Both the UBI and, subsequently, the Federal Supreme Court deemed a report by the same broadcaster on a film festival in Neuchâtel to be incompatible with the special protection for minors under broadcasting law. The decisive factor was the broadcast of excerpts from gore films with violent content at an earlier time (before 8 p.m.) and without appropriate labeling of the content harmful to minors. Finally, the UBI upheld a complaint against a special program on the Swiss television health magazine "Puls" on the neurotoxin Botox because an important fact, namely the cruel animal experiments associated with its production, was not mentioned. However, following an appeal to the Federal Supreme Court, the UBI's decision is not yet legally binding.
