Decision of the Independent Complaints Authority for Radio and Television on the "Kassensturz" broadcast

Facts

This case involved a complaint by the Zurich Cantonal Government against two broadcasts of the Swiss Television "Kassensturz" from 1992 and 1994. The Independent Complaints Authority for Radio and Television (UBI) found in its decision of 20 May 1994 that the first "Kassensturz" contribution from 1992 on the dioxin and heavy metal contamination of the soil in the vicinity of the "Blockmetall AG" company had violated the programming regulations in three respects. In a follow-up broadcast on 15/19 November 1994, Swiss Television attempted to present and implement the UBI's decision. However, the UBI found that this broadcast had also violated the programming regulations, as it did not adequately present the position of the Canton of Zurich and manipulatively portrayed the UBI's decision.

Considerations

The Federal Court dismissed the complaint of the Swiss Broadcasting Corporation (SRG) against the UBI's decision. It stated that the UBI as a collegiate authority only had to recuse itself in the presence of extraordinary circumstances, which were not the case here, as the UBI had merely assessed the broadcast with regard to whether the SRG had taken appropriate measures to…