Information Note on the Court’s case-law 17

April 2000

VgT Verein gegen Tierfabriken v. Switzerland (dec.) - 24699/94

Decision 6.4.2000 [Section II]

Article 10

Article 10-1

Freedom of expression

Refusal of television authority to broadcast advertisement: admissible

The applicant is an association for the protection of animals. It prepared a television advertisement denouncing the industrial rearing of pigs and en couraging people to eat less meat by showing successively wild pigs in a forest and pigs hemmed in behind bars in an industrial rearing farm. The applicant sent the videotape of the advertisement to the authority responsible for the broadcasting of commerc ials on Swiss national television, the Television Commercial Company, which replied that it would not broadcast it on account of its “clear political character”. In order to be able to file an appeal, the applicant association asked the authority to issue a formal decision of refusal. The Television Commercial Company answered that it was not empowered to do so. The applicant association turned to the Independent Radio and Television Appeal Board, which declared that it could only deal with complaints about programmes that had already been broadcast. The complaint however was transferred to Federal Office of Communication, which informed the applicant association that the Television Commercial Company was free in its choice of advertisements. The applicant a ssociation unsuccessfully filed a complaint with the Federal Department for Transport and Energy. Finally, the Federal Court rejected its administrative law appeal.

Admissible under 10, 13 and 14.

© Council of Europe/European Court of Human Rights This su mmary by the Registry does not bind the Court.

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