Dismissal of the complaint against decisions of the Independent Complaints Authority for Radio and Television

Facts

The complainant [X.] filed complaints with the Independent Complaints Authority for Radio and Television (UBI) against broadcasts of Swiss television. The UBI upheld some complaints and dismissed others. The complainant filed a complaint with the Federal Court and alleged a violation of his right to reply.

The complaints concern broadcasts of the "Tagesschau" and "10 vor 10" on 25 April 2008, 21 May 2008, 28 January 2009, 18 November 2009, 20 August 2010, 15 September 2010 and 14 October 2010. The complainant objected to the presentation of opinion polls prior to federal popular votes.

The UBI partially dismissed the complaints and partially upheld them. The complainant filed a complaint with the Federal Court and requested that the UBI's decisions be set aside and the matter be referred back to the UBI for re-examination.

Considerations

The Federal Court examined the admissibility of the complaint and found that the complainant is not particularly affected and therefore lacks standing to appeal. The complaint is also inadmissible insofar as the complainant alleges a violation of the right to reply.

The Federal Court stated that the right to take note of and comment on submissions by other parties to the proceedings is not applicable to the proceedings before the UBI, as the UBI is not a judicial authority within the meaning of Art. 6 para. 1 ECHR. The UBI is an administrative…