Decision of the Federal Court on Reporting on the "Fuente Alamo" Therapy Center

Facts

The Federal Court had to assess two appeals against a decision of the Independent Complaints Authority for Radio and Television (UBI). The Swiss Broadcasting Corporation SRG appealed against the finding of the UBI that a contribution from August 8, 2006 in the program "10 vor 10" on the "Fuente Alamo" therapy center had violated the journalistic duty of care. On the other hand, Liane Gerber, the medical director of the therapy center, had appealed against the UBI's decision that the contribution from August 4, 2006 had not violated any program regulations.

Considerations

The Federal Court dismissed the SRG's appeal. It concluded that the contribution from August 8, 2006 had violated the journalistic duty of care, as the persons concerned were not properly able to respond to the new allegations. In particular, Liane Gerber was not confronted with the allegation of the former chief psychologist that she had also had to illegally distribute medication. Furthermore, no neutral withdrawal specialist was interviewed on the issue of the use of medication, although the…