Facts
The Association against Animal Factories Switzerland (VgT) booked advertising time with publisuisse SA, a subsidiary of SRG, for a self-produced spot. This consisted of a page with the association's logo, a reference to its website, and the addition "what other media are hushing up". publisuisse SA initially broadcast this spot, but rejected a revised version with the addition "what Swiss television is hushing up".
Against this refusal to broadcast the revised spot, VgT appealed to the Independent Complaints Authority for Radio and Television (UBI), which dismissed its complaint. The Federal Supreme Court upheld VgT's appeal against the UBI's decision and found that the refusal to broadcast the advertising spot in the second version violated VgT's constitutional rights.
Considerations
The Federal Supreme Court stated that SRG is bound by fundamental rights in the advertising sector and must take into account the ideational content of the freedoms. The mere fear that a controversial advertisement could be detrimental to SRG's reputation does not constitute a sufficient interest to refuse the broadcast of a critical advertising spot, as long as the client does not act unlawfully.
A…