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IRIS 2012-8:1/3 European Court of Human Rights: Schweizerische Radio- und Fernsehgesellschaft SRG v. Switzerland

The applicant company, the Swiss Radio and Television Company (SSR) is a radio and television broadcaster based in Zurich. In 2004 it requested permission to have access to the Hindelbank Prison in order to prepare a television interview with A., a prisoner serving a sentence for murder. SSR wished to integrate this interview in the programme “Rundschau”, a weekly programme covering political and economic questions, in a feature concerning the trial of another person who had been accused of murder in the same case. SSR’s request was refused by the prison authorities who referred...

IRIS 2012-8:1/2 European Court of Human Rights: Mouvement Raëlien Suisse v. Switzerland

The applicant association is the Swiss branch of the Raëlien Movement, an international association whose members believe life on earth was created by extraterrestrials. The association sought to conduct a poster campaign, but the local authorities refused permission on the grounds of public order and morals. The domestic courts upheld this decision, arguing that although the poster itself was not objectionable, because the Raëlien website address was included, one had to have regard to the documents and content published on that website. The courts held that the poster campaign could...

IRIS 2012-6:1/12 [CH] Federal Court Denies SRG Boycott of Verein gegen Tierfabriken

Since 2008, the Verein gegen Tierfabriken (VgT) has been complaining that Deutschschweizer Fernsehen (SF) has boycotted it systematically for non-objective political reasons. The VgT asked the broadcasting regulator Unabhängige Beschwerdeinstanz für Radio und Fernsehen (Independent Radio and Television Complaints Authority - UBI) to order SF to bring an end to its “television censorship” of the VgT. On 22 October 2010, the UBI rejected the VgT’s complaint against the Schweizerische Radio- und Fernsehgesellschaft (Swiss radio and television corporation - SRG), which operates the SF channel. According...

IRIS 2012-5:1/9 [CH] Programme to Promote Diversity of Films on Offer and Digital Cinema

On 9 March 2012 the Swiss Ministry of Culture (Office Fédéral de la Culture - OFC) recently adopted a programme intended to promote the diversity of films on offer and the digitisation of cinema theatres in Switzerland. Cinema operators switching to digital in 2011 or 2012 and offering a diversified programme will thus be able to receive financial assistance over a five-year period. A maximum amount of CHF 9 million (EUR 7,491,883) has been earmarked for financing these measures during the period from 2011 to 2015. Support from the OFC may not exceed CHF 12 000 (EUR 9,989) per cinema per year,...

IRIS 2012-3:1/14 [CH] Swiss Government Report on Protection of Copyright on the Internet

In a report published on 30 November 2011, the Federal Council (Swiss Government) held that the current legal framework provided sufficient and adequate protection for Swiss cultural creation. A revision of the legislation aimed at increasing the protection afforded to works falling within the scope of copyright (music, films and video games) would therefore be premature and as a result was unnecessary. The Federal Council had consulted the parties concerned and based its report on a number of recently published studies in order to draw up an analysis of the situation. However, the existing surveys...