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IRIS 2013-2:1/14 [CH] News Report on Brutal Films Breached Youth Protection Rules

In the opinion of the Swiss Bundesgericht (Federal Tribunal), the Swiss public service broadcaster Schweizerische Radio- und Fernsehgesellschaft (SRG) breached the youth protection rules contained in broadcasting legislation by showing a television report about the brutal film genre known as “gore”. The report, lasting around two and a half minutes, had been broadcast on 6 July 2011 at 7.50 p.m. during the evening news bulletin of the SRG channel Télévision Suisse Romande (TSR) and concerned the NIFFF film festival in Neuchâtel that was underway at the time. As well as an interview with the gore...

IRIS 2012-9:1/13 [CH] No Advertising on Internet for Public-Service Radio and Television, but More Freedom Regarding Content of On-Line Offer

An important stage has been reached in the longstanding face-off between the Swiss broadcasting company Société Suisse de Radiodiffusion et Télévision (SSR) and newspaper editors. Although a degree of rapprochement has been reached on a number of issues, two years of negotiations between the public-service broadcaster and the editors have failed to make it possible to reach an agreement on collaboration in the field of the Internet. The Federal Council (Switzerland’s Government) has therefore finally made a decision: the ban on advertising on the SSR’s Internet sites is to be maintained, but the...

IRIS 2012-8:1/14 [CH] Consultation on Draft Revision of Radio and Television Act

On 9 May 2012, the Federal Council (the Swiss Government) launched a consultation procedure on plans to partially revise the radio and television broadcasting Act (LRTV). Interested parties and the cantons, the political parties and umbrella associations involved in the economy were invited to notify the Federal Communication Office (Office Fédéral de la Communication - OFCOM) of their position by 29 August 2012. The main aim of the revision is to replace the current fee by a new reception fee, to be paid by all households and companies whether or not they have any reception equipment (see IRIS...

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 to the need to...

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 be banned...