Interviews with prisoners are fundamentally part of media freedom
Members of the media must not be denied the right to conduct an interview with an inmate in a correctional facility without good cause. The Federal Supreme Court ruled in favor of Swiss Television (SF) and ordered the Zurich judiciary to reconsider its decision.
In October 2009, SF asked the Zurich Department of Corrections for permission to conduct a television interview with a prisoner in the Pöschwies prison. A portrait of the inmate and various situations in his life were to be shown for a report in the program "Reporter". SF was denied permission by the authorities. The Zurich Administrative Court upheld the decision, taking the view that media professionals have no fundamental right to gain access to prisons and conduct interviews with prisoners there.
The Federal Supreme Court has now upheld SF's appeal and obliged the Administrative Court to weigh up the interests and then make a new decision. According to the judges in Lausanne, conducting an interview in a prison falls within the scope of media freedom. Any form of journalistic information gathering is covered by this fundamental right. However, according to the Federal Supreme Court, this does not mean a right to free access to prisons. However, any refusal to grant permission must be justified.
Balancing of interests required
The main question here is whether the interest in a safe and orderly execution of sentences could stand in the way of the filming permit. The Administrative Court must also examine the possible effects on third parties, such as other prison inmates, staff, but also victims and their relatives. The specific film project should also be examined more closely. Finally, it should be clarified whether the security concerns could be taken into account by conducting the interview under supervision in the visitors' room, as proposed, and whether the recordings could be reviewed by the prison management before being broadcast.
(Teaser image: Keystone)
