Questão jurídica principal
Whether the TV report violated the broadcasting requirement of fair and balanced presentation under Art. 4 RTVG.
Decisão extraída
The Federal Supreme Court upheld the UBI's view that the report, as a whole, crossed the limits of permissible advocacy journalism and violated the duty of fairness.
Fundamentação extraída
The report omitted or insufficiently clarified several material facts, blurred facts and editorial opinion, and did not give the surgeon's position adequate room on decisive points. Given the seriousness of the allegations and the lack of audience expertise, heightened diligence was required.