Facts
As part of the program "10 vor 10", Swiss Television DRS aired a contribution on September 29, 1992 about the death of the 10-year-old student Mansour at the Zurich school "Letten". The contribution was intended to show how the school and the authorities dealt with the death. Teacher X., who was portrayed in a sequence of the contribution as allegedly "loudly shouting", appealed the contribution to the DRS Ombudsman and the Independent Complaints Authority for Radio and Television (UBI). The latter upheld his complaint and found that the contribution had violated Art. 4 para. 1 of the Federal Law on Radio and Television (RTVG).
The Swiss Broadcasting Corporation has filed an administrative court appeal against this, which the Federal Supreme Court dismisses.
Considerations
The Federal Supreme Court states that the expansion of the review by the Independent Complaints Authority beyond the specifically criticized sequence to the entire contribution is not objectionable under federal law. The Independent Complaints Authority is authorized to examine the question of a violation of program regulations from any point of view that is relevant based on the case file.
The Federal Supreme Court finds that the criticized contribution "Death on the Schoolyard" violates Art. 4 RTVG. The contribution does…