Facts
The Swiss Broadcasting Corporation (SRG SSR) filed an administrative appeal against the decision of the Independent Complaints Authority for Radio and Television (hereinafter: the Complaints Authority) of 22 October 1998. This decision had upheld the complaint of Franz Weber, President of the Helvetia Nostra association, concerning the refusal of the Swiss Romande Television (TSR) to broadcast information on the success of the cantonal popular initiative "Save the Jura Foot".
On 11 March 1998, Franz Weber organized a press conference to announce the result of the signature collection for this initiative, which had been successful. The TSR journalist present interviewed Franz Weber, but the TSR neither broadcast this interview nor reported the news of the success of the initiative in its regional news program "Vaud-Region" on 11 March 1998. On 12 March 1998, the Helvetia Nostra association issued a press release on this matter, but the TSR made no mention of it.
On 3 July 1998, Franz Weber filed a complaint against the TSR with the Complaints Authority, complaining that an important event in Vaud's political life had been ignored by the TSR, without, however, contesting a particular program.
Considerations
The Federal Tribunal upheld the appeal of the SRG SSR and referred the case to the Federal Department of the Environment, Transport, Energy and Communications. Indeed, the Complaints Authority was not competent to hear this complaint, as it did not concern a broadcast program, but the refusal of the TSR to inform the public about the success of the popular initiative.
According to the case law of the Federal Tribunal, the Complaints Authority is only competent to rule on complaints…