Decision to Refuse Program Access by SRG

Facts

The Association against Animal Factories (VgT) had attempted to obtain an order from the Federal Office of Communications (BAKOM) and the Independent Complaints Authority for Radio and Television (UBI) that Swiss Television must cease the "television censorship" against it. Both instances rejected this. VgT then applied to the Federal Court to revoke the UBI's non-entry decision and remand the matter for substantive consideration.

Considerations

The Federal Court upheld the appeal. It stated that the UBI should have accepted VgT's submission as an access complaint and substantively examined whether SRG had excluded VgT from the program in a manner contrary to the Constitution or the Convention. While there is generally no right of access to a broadcaster's program, exceptionally, a refusal of access may be problematic from the perspective of the Constitution or the ECHR. Since in the present case, based on VgT's submissions, an…