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IRIS 1996-1:1/11 [CH] Full payment of licence fee for Swiss television channels even if not all channels can be received

Anyone wishing to receive radio and television programmes requires a licence from the post, telephone and telegraph authorities and must pay a reception fee (Art.55-1 of the Radio and Television Act (RTVG)). According to Article 55(a) of the Federal Constitution, the service is directed at the public electronic media system as a whole; in principle, therefore, individuals cannot make a claim against the State in respect of terrestrial reception of a given channel. While it is true that it a fundamental concern in the RTVG that radio and television channels should reach the largest possible area,...

IRIS 1995-8:1/24 [CH] Violation of Programme Regulations

Events should always be "correctly" presented. The diversity of events and viewpoints should be reported in an appropriate manner. Moreover, views and comment should always be made recognisable as such. Reports must remain objective and this requires that the listener and the viewer be able to have as reliable a picture of the facts as possible through the details and views portrayed and also be put into a position where he can come to his own conclusions. The principle of truthfulness obliges the broadcaster to present facts objectively. Controversial facts should be presented in such a way that...

IRIS 1995-8:1/23 [CH] Somebody Is Described and Personally Named Aktenzeichen XY in the Television Programme

In media which receive regular public exposure, prejudice to character can only be banned (as a precautionary measure) if it is likely to bring about serious detriment, if no obvious justification exists for it and if the ban does not seem over-exagerated. In the present case, a violation of personal freedom during the explanation of a post office hold-up on an electronic publicly available medium is seen to be jusitified. The basic principle of "innocent until proved guilty" should be taken into consideration when relating on-going criminal proceedings in the electronic and printed media. Any...

IRIS 1995-8:1/16 EFTA Court: Advertising Freedom Acknowledged

In its advisory opinion of 16 June 1995, the EFTA Court has ruled that the «Television without Frontiers» directive (89/552/EEC of 3 October 1989) - which is integrated into the EEA Agreement - must be interpreted as precluding a general prohibition imposed on an advertiser, whereby he is prevented from showing an advertisement contained in a television programme of a broadcaster established in another EEA State. The prejudicial question to the EFTA Court arose as a result of a disagreement between the Norwegian Consumer Ombudsman and the Norwegian subsidiary companies of Mattel and Lego. The toy-manufacturers...