The RTS will not withdraw a “Present Time” on timber trafficking

A Swiss businessman wanted to ban a “Present Time” dedicated to the trafficking of precious wood in Gambia and Senegal. The Federal Court said no.

The RTS must not withdraw the “Present Time” on the trafficking of precious wood in Gambia and Senegal. A Swiss businessman demanded that the program broadcast on June 16, 2022, as well as an article, disappear from the channel’s website. The Federal Court confirms that there was no unlawful infringement of personality rights.

In the broadcast, the RTS mentioned a denunciation of the NGO Trial International to the Public Prosecutor’s Office of the Confederation. The report indicated that, under the reign of Gambian President Yayhya Jammeh, rosewood was illegally cut across the border in Casamance, amid unrest in that region of Senegal.

Rosewood, protected by the Convention on Trade in Endangered Species (CITES), was heading to China. According to Trial International, these cuts had dramatic effects on the environment and populations, a phenomenon described as “ecocide”.

Ban the broadcast

Asked to react, the businessman spoke only through the pen of his lawyer and tried in vain to ban the broadcast. After the broadcast, he asked that it, as well as the introductory article, be removed from the Radio Télévision Suisse (RTS) website.

In a ruling published Wednesday, the Federal Court rejects the appeal of the person concerned against the decision of the Vaud courts. The latter had recognized that the attack suffered by the appellant could cause him serious damage. On the other hand, she did not consider that this attack was unjustified.

For the Mon Repos judges, this analysis cannot be criticized. Deforestation and its impact on the environment are of clear public interestentering into the media information mission. Most of the facts reported are objective and the term “ecocide” is not illegal as long as it is specified that it is not a legal term.

Finally, the report did not establish a clear link between the appellant’s company and the armed groups in Casamance. Thus, the spectator could not deduce that the businessman would have knowingly favored the armed conflict. Finally, he was offered the opportunity to express his point of view. (ats)

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