Facts
Swiss Television DRS aired a segment called "Patent Pending" with "Dipl. Eng. Paul Ochsner" as part of its consumer magazine "Kassensturz", in which he tested a spider catching device "SpiderCatcher" in a humorous manner. The importer of the device then filed a complaint with the Independent Complaints Authority for Radio and Television (UBI), which upheld the complaint. The Federal Court granted the administrative appeal of the Swiss Broadcasting Corporation (SRG) and found that the disputed contribution did not violate any programming regulations.Considerations
The Federal Court stated that for broadcasts with a humorous character, the requirements for factual accuracy and balance according to Art. 4 RTVA are to be applied less strictly. The audience must be able to recognize the broadcast as satire as a result of the principle of transparency, whereby the underlying reality must be justifiable within the cultural mandate.
In the present case, it was clearly recognizable to the audience that this was a humorous commentary and not a serious product evaluation. The "Kassensturz" editorial team…