ECtHR: Hidden camera in "Kassensturz" was OK
The European Court of Human Rights (ECHR) has ruled against Switzerland for violating the freedom of expression. It upheld the broadcast of an episode of «Kassensturz» as lawful. SRF is pleased to comply with the ruling.
An insurance broker had been filmed with a hidden camera. The Zurich High Court sentenced the four journalists responsible to conditional fines. The court accused them of recording other people's conversations and violating the broker's confidential and private sphere. Swiss television broadcast the program at the end of March 2003. However, the Federal Supreme Court overturned the conviction for breach of confidentiality and privacy following an appeal by the convicted persons, as this accusation was not included in the indictment. As the Strasbourg judges stated in their ruling published on Tuesday, the public's interest in receiving information about the actions of brokers in the insurance sector outweighed the broker's right to privacy.
The criticism of the report was not directed at the insurance man personally, but at his business conduct. In addition, his voice had been distorted during the broadcast and his face had been made unrecognizable. Even though the judgments of the Swiss courts in this case were relatively mild according to the ECtHR, they may lead to the media exercising restraint when expressing criticism.
Milder variant
According to the Federal Supreme Court, it was not necessary to secretly record the conversation. A protocol based on notes would have sufficed. In addition, the highest Swiss court found that the conversation shown was only of limited informative value, as there is always bad advice in individual cases. Statements about the extent of the abuses would have been more interesting for the public. However, the secret recording hardly contributed anything to this.
"Great satisfaction" at SRF
According to an SRF press release, Tristan Brenn, Editor-in-Chief of TV at SRF, is very pleased that the European Court of Justice has declared the actions of the "Kassensturz" journalists to be legal. "We now have a new legal starting position," Brenn said. "So if we have another case of public interest that can only be documented via the hidden camera, we will also make use of this tool." (SDA)













































