Facts
On 23 October 1996, Swiss German Television broadcast a program entitled "Y.", which critically presented several actors from the agricultural world. X. learned of the existence of this program at a meeting of a professional association, about ten days after its broadcast. He then tried to contact the Swiss Broadcasting Corporation (SSR) to obtain information about the program, but was unable to reach the Director General. The program's editor-in-chief finally sent X. a videocassette of the program on 21 November 1996. X. then filed a complaint against the incorrect statements contained in the program on 27 November 1996, but the ombudsman refused to consider the matter due to the late filing of the complaint.
X. then appealed to the Independent Complaints Authority for Radio and Television, which confirmed the late filing of the complaint and declared the complaint inadmissible. X. then filed an administrative appeal with the Federal Court, requesting the annulment of the Complaints Authority's decision and the referral of the case to that authority to consider the matter on its merits.
Considerations
The Federal Court dismissed X.'s appeal, considering that the twenty-day time limit set by Art. 60 para. 1 RTVA to file a complaint against a radio or television broadcast is a time limit that cannot be extended. The Federal Court also considered that the twenty-day time limit must be counted from the broadcast of the program, in accordance with the text of Art. 60 para. 1 RTVA, even if the complainant learns of the existence or content of the program only after the expiration of this time limit.
The Federal Court also examined the question of whether the SSR's attitude had dissuaded X. from taking other steps or seeking advice from a lawyer. The Federal Court considered that the SSR was not…