Admissibility of an Appeal by an Authority - Swiss Cooperative for Livestock and Meat Supply

Facts

The Swiss Cooperative for Livestock and Meat Supply filed a complaint with the Independent Complaints Authority for Radio and Television (UBI) against a report by Swiss Television DRS, which reported on humanitarian aid deliveries of meat to Eastern Europe. The UBI did not consider the complaint, as legal entities are not entitled to file complaints under the Federal Act on Radio and Television (RTVA). The Cooperative then filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court decided that the Cooperative, as an authority within the meaning of Art. 63 para. 2 RTVA, is entitled to file a complaint. The term "authority" in this context is to be interpreted broadly and also includes organizations outside the administration to which public tasks have been assigned and which have sovereign powers. The Cooperative fulfills such public tasks in the field of livestock and meat supply and can therefore object to broadcasts…