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)

The journalists of the Sonntagsmagazin Caffé della Domenica reported on a serious medical error at the Sant'Anna clinic in Lugano in a series of eight articles. In the course of their research, they also raised questions about the organization of the clinic and its approach to serious errors.

Specifically, the case concerned a patient who had both breasts removed by mistake in 2014 due to a mix-up. However, the clinic did not inform the patient directly afterwards, nor did it involve the justice system in accordance with the regulations. Both were left to the patient, who still suffers from the consequences of the wrong procedure to this day.

However, the trial in Bellinzona was not about this serious case of malpractice and the suffering of the patient, but about the damage caused to the clinic by the Sonntagsblatt. The plaintiff's lawyer said that restitution required considerable compensation.

He accused the journalists of Caffé in their plea that they had deliberately wanted to harm the Sant'Anna clinic out of antipathy towards private clinics. They did this by mixing up the facts or making false connections in whole or in part. The responsible deputy public prosecutor did not appear at the hearing.

"Just doing our job"

The four defendants - the editorial director, his deputy, the former editorial director and a female editor - replied that they had only wanted to shed light on the affair. "We were just doing our job".

Problems in the healthcare sector are of great public interest and this case touches on deep-seated fears of the population. After all, this is not about a piece of furniture that has gone wrong, but about a person who has suffered serious and lasting damage.

The aim of the research was to find out why no intervention or control body had been able to prevent the wrong operation. In the course of the research, many factors were uncovered. However, they had only acted with the best of intentions.

It is difficult to speak of good intentions, argued the plaintiff's lawyer, when journalists conceal crucial pieces of evidence in order to protect their sources. The lawyer - a former journalist and head of information at the Italian-language radio and television station RSI - said that a journalist had to decide whether he wanted to go unpunished or reveal his sources.

No research errors

The lawyer for the accused journalists stated on the one hand that the journalists could not be proven to have made any mistakes in the series of articles and that the research and its preparation could not be criticized.

It is the task of the media to function as a social watchdog. That is why freedom of the press and freedom of opinion are protected up to the highest legislative and legal levels. Muzzling journalists is absurd and illegal. "Freedom of the press is not just the freedom of media professionals, but the freedom of us all". The lawyer demanded a full acquittal for all defendants. The verdict is expected in a week's time, on Friday, May 4. (SDA)

Previously, Corriere del Ticino and La Regione together formed the advertising combination "BitopTicino". The combination was marketed by Publicitas. Corriere del Ticino and Publicitas already announced the end of the 124-year collaboration in December 2016 (Werbewoche.ch reported). Corriere del Ticino took over its own marketers with the separation from the long-standing marketer. The fact that the Bitop combination will remain in place until the end of 2017 and will be marketed by Publicitas until then was also communicated at the time. Publicitas will remain the marketer of La Regione until the end of 2018.

In a statement, the Gruppo Corriere del Ticino thanks its long-standing partners Publicitas and La Regione "for the good and intensive cooperation". The Gruppo Corriere del Ticino will offer the advertising market new solutions adapted to the convergent media world as of January 1, 2018.

MediaTI takes over the marketing

The Group is transferring all advertising marketing to MediaTI Marketing, a 100 percent subsidiary of the Group. As of Jan. 1, 2018, it will be represented in the advertising market with the following new offerings: "Corriere del Ticino mono" (Corriere del Ticino only) and "Combiticino" (Corriere del Ticino and Il Caffè). "Combiticino" is the newly launched combination - it offers seven-day coverage with the daily Corriere del Ticino and the Sunday newspaper Il Caffè.

This advertising market combination is part of the new, multimedia strategy of Gruppo Corriere del Ticino and MediaTI Marketing with the focus on advertisers and their agencies. The aim is to reach advertisers' target groups as optimally and economically as possible with convergent media solutions.

Corriere del Ticino and Il Caffè have adapted their rate structure to the new circumstances. These will be officially made available and presented in the next few days - together with the "Combiticino" to all advertising customers as well as to the media and advertising agencies.

Corriere del Ticino owns 45 percent of Il Caffè

Gruppo Corriere del Ticino is a co-owner of the Sunday newspaper Il Caffè, for which it is now responsible for advertising sales. Ringier recently sold all shares in Il Caffè to the co-publisher Rezzonico Editore (Werbewoche.ch reported). The publishing house, in which Gruppo Corriere del Ticino holds a 45 percent stake, is now the sole owner of Il Caffè.

Already in July, Corriere del Ticino announced the end of its collaboration with the newspaper Giornale del Popolo (Werbewoche.ch reported). The cooperation consisted not only of an exchange of editorial content, but also in the marketing of advertising. (hae)

The sale is "by mutual agreement and in the course of a strategic portfolio adjustment," Ringier wrote in a statement.

In the future, the most widely read Sunday newspaper in Italian-speaking Switzerland will intensify its cooperation with the Corriere del Ticino Group, which holds a 45 percent stake in Rezzonico Editore. In the new formation, Il Caffè aims to consolidate and expand its leading position in the Ticino market. As of January 1, 2018, il Caffè will be printed at Centro Stampa Ticino in Muzzano. At the same time, MediaTi Marketing will take over the marketing of the newspaper.

Il Caffè and Ringier will continue to work together as partners on various initiatives and projects at the national level, according to a statement. The parties have agreed not to disclose the price for the shareholding.

Together with the editor-in-chief, the editorial team of the Ticino Sunday newspaper consists of six people. In March, four employees were laid off. The reason given for this was a reduction in income on the advertising market because the newspaper had no subscribers. (pd/hae/SDA)

Two technical employees and two journalists have been dismissed, publisher Giò Rezzonico announced on Monday. He is Group CEO of Rezzonico Editore, which publishes the Sunday newspaper Il Caffè in Ticino together with Ringier.

The two media companies each own 50 percent of the shares in the weekly newspaper. According to Rezzonico, Il Caffè is particularly affected by the loss of revenue in the advertising market because the newspaper has no subscribers. The editorial team, including the editor-in-chief, now consists of six employees, Rezzonico said.

He emphasized that there was no connection between the dismissals and the criminal proceedings against four journalists. None of the dismissals that were made concerned employees who had been criminally prosecuted.

Only last week it became known that the Ticino public prosecutor's office had issued penal orders against four Il Caffè journalists. They had reported on a doctor's malpractice and subsequently faced criticism from the clinic in question. They are accused of "unfair competition" and repeated defamation. The newspaper has already announced that it will take action against the penalty notices. Therefore, it is likely to come to a trial.

The media union Syndicom described the job cuts in a press release as a "declaration of death" for investigative journalism. The diversity of information, which is guaranteed by small editorial offices, is increasingly in danger. The days of critical and uncomfortable journalism are numbered. (SDA)

In several articles, the weekly newspaper in Ticino had dealt in detail with the possible reasons for the serious malpractice. In particular, it criticized the internal safety procedures of the Sant'Anna Clinic in Ticino. The accusations levelled at the journalists are defamation and unfair competition. The lawyer of the clinic Sant'Anna informed on inquiry that at present neither the legal processing nor the reactions of the opposite side would be commented.

The dispute began with a medical error: in July 2014, the clinic's surgeon had accidentally amputated both breasts of a 67-year-old patient suffering from a breast tumor. The Ticino health department then withdrew the man's work permit as a medical doctor for an "indefinite period". After the operation at the Sant'Anna Clinic, the doctor had initially claimed that the amputation of both breasts had been necessary. Only after several months did the gynecologist admit to having mistaken the patient.

Expressions of solidarity for journalists

The newspaper itself reacted to the accusations by the clinic at the weekend with a special front page on its own behalf: "Freedom of the press" could be read there, with an eraser having already erased some letters. The rest of the page was white. Left-wing parties launched an appeal for solidarity in Ticino, which they say 250 people have already signed.

The media union Syndicom said in a statement that the research of the Caffè of public interest - it expressed concern that an attempt had been made to "gag" press freedom. The journalists' association Imprint also backed Il Caffè in a statement.

It has not yet been decided whether the journalists will definitely be charged, a spokesman for the Ticino public prosecutor's office said at the time of the inquiry. This should now be examined by the end of the month.

Return of the surgeon

In May last year, it became known that the doctor had reappeared in the operating room despite his suspension and ongoing criminal proceedings. The gynecologist had been present in the operating room in December 2015 at the request of a longtime patient as "moral support," his lawyer said. The clinic Sant'Anna, which belongs to the Vaudois private hospital group Genolier, had regretted the serious incident in a statement. It said at the time that the responsibility for the error lay solely with the doctor. (SDA)