Facts
On 30 October 2006, Swiss Television DRS portrayed the non-partisan Fribourg State Councillor Pascal Corminboeuf in the programme "Schweiz Aktuell" under the title "Fribourg Original in the Government". The approximately 3 minute and 40 second contribution was broadcast only six days before the State Council elections in the canton of Fribourg and contained a very positive portrayal of Corminboeuf as a politician and personality. Erwin Kessler, President of the Association against Animal Factories (VgT), and 25 co-signatories appealed against this contribution to the Independent Complaints Authority for Radio and Television (UBI), which upheld the complaint and found that the contribution had violated the programme regulations.Considerations
The Federal Court dismisses the appeal filed by the Swiss Radio and Television Company (SRG). It finds that the contribution shortly before the elections was likely to influence the opinion-forming of the voters in the canton of Fribourg and to disadvantage other candidates due to the unbalanced reporting. Although the SRG as the organiser enjoys programme autonomy, this is not unlimited. In the run-up to elections, the principles of information and the associated increased journalistic due diligence obligations must be observed in order not to jeopardise the equal opportunities of the candidates. The…