Facts
On 17 December 2003, Swiss Television DRS broadcast a contribution on the topic of "pension abuse" within the framework of the news magazine "Rundschau" and a subsequent studio discussion on the issue. The film contribution put forward the thesis that the abuse of IV pensions is "actually greater than assumed - and the proportion of foreigners is above average". This was illustrated by various examples. The Independent Complaints Authority for Radio and Television found that the contribution had violated the programme provisions. However, the Federal Court upheld the appeal of the Swiss Radio and Television Company and found that the contribution had not violated the programme provisions.Considerations
The Federal Court states that while the controversial report was provocative and of questionable quality in parts, an overall assessment found that it did not violate the programme provisions. The contribution was broadcast as part of a political news magazine at a time when the topic of "pension abuse" was being intensively discussed in the media. Therefore, a certain prior knowledge on the part of the viewer could be assumed. The subsequent studio discussion relativised the film contribution and enabled the viewer to form their own opinion. Although the contribution contained some…