Press Council warns against secret justice

In a new statement, the Swiss Press Council emphasizes the principle of publicity in criminal orders and court proceedings and launches an appeal in the matter of free court reporting. For the first time, it is also addressing the top leaders of the Swiss judiciary. Its statement was sent to Justice Minister Simonetta Sommaruga and to the President of the Federal Supreme Court, the Federal Prosecutor, the Conference of Cantonal Justice and Police Directors and the Swiss Conference of Public Prosecutors.

For the Press Council, the principle that proceedings before the courts are public is one of the most important achievements of the liberal constitutional state. This is because transparency is central to trust in an independent and fair judiciary. However, according to the Press Council, judicial reforms designed to increase efficiency are increasingly removing the criminal justice process from the courts and thus from the public eye. When judges hardly question witnesses anymore and public prosecutors do not question defendants in criminal proceedings, such cases and verdicts are difficult to understand. The media are needed to ensure that there is publicity and democratic control.

The Press Council states: "In order for media professionals to be able to fulfill their mission as 'watchdogs of democracy,' they need easy access to indictments, judgments, hiring decisions and penalty orders, and in justified cases they must also be granted access to files. This is why the Press Council is making demands of the judiciary: "In view of the large number of judgments and orders of summary punishment, practicable regulations are needed, such as longer and standardized deadlines for access to judgments and orders of summary punishment." Another key point is that journalists should not be asked to pay disproportionately for requests for access. "Prohibitive cost requirements should be abolished," writes the self-regulatory body of the Swiss media. Courts and public prosecutors' offices should instead create as much transparency as possible, for example by providing easy access to this information on the Internet. The Federal Supreme Court and exemplary cantonal judicial authorities already handle this today.

The Press Council also criticizes some courts for arbitrarily raising the requirements for accreditation as court reporters. However, accreditation should not be abused to put reporters under pressure, it says. The Press Council also states: "Content-related requirements imposed by the courts make the work of court reporters more difficult. They should therefore be ordered with extreme restraint." Courts should also be very reluctant to grant requests by offenders to exclude the public. Dictating conditions to journalists for their reporting interferes with freedom of expression and freedom of the press, he said.

At the same time, however, the ethics committee also takes the media professionals to task: "The media have a responsibility for fair court reporting." This includes the presumption of innocence and caution when mentioning names, the protection of personality and the reporting of acquittals in subsequent instances.

The Press Council held a hearing with experts to form its opinion. It was clear from their statements that public control is at risk in criminal proceedings and orders of summary punishment. With its statement "Restrictions and other problems in reporting from the judiciary", the Press Council responds to this development with concrete demands.

Obligation to reprint

In a review of the focal points of the Press Council's activities in 2014, Press Council President Dominique von Burg highlighted the fact that certain editorial offices unfortunately still refuse to publish the negative opinions of the Press Council that concern them last year, even if only in a summary. This moral duty is enshrined in the preamble to the "Declaration of the Duties and Rights of Journalists." It is a sign of respect for the audience that should be self-evident for all media. The Presidium of the Press Council, together with the Foundation Board, will find ways to ensure that this duty is fulfilled.

Yearbook 2015

At its annual media conference, the Press Council also presented its new Yearbook issued. It contains, in addition to the annual report with the most important leading cases of the past year, a summary of the opinion on judicial reporting presented above.