Federal Court confirms guilty verdict against SF editor-in-chief

The Federal Court has confirmed the guilty verdicts against SF chief editor Ueli Haldimann and three other persons responsible for secretly filming "Kassensturz". The report concerned irregularities in insurance advice.

The Federal Court has confirmed the guilty verdicts against SF chief editor Ueli Haldimann and three others responsible for secretly filming the "Kassensturz" program, as reported by SDA. The report concerned irregularities in insurance advice.
In February 2003, "Kassensturz" secretly filmed consultations between insurance agents and a decoy in a private apartment. One of the advisors made a particularly questionable impression with his information. The recording was broadcast at the end of March. The man's face and voice had been distorted.
In 2007, the Zurich High Court found editor-in-chief Ueli Haldimann, the then head of "Kassensturz" Hansjörg Utz and two editors involved guilty. Unlike the previous single judge of the Dielsdorf district, it considered the offences of recording other people's conversations and violating the confidential and private sphere by means of recording devices to be fulfilled. It sentenced the parties concerned to conditional fines of between 5 and 15 daily rates of 30 to 350 francs each.
Following an appeal by the convicted parties, the Federal Supreme Court has now overturned the conviction for breach of secrecy and privacy, as this charge was not included in the indictment. On the main point, it confirmed the verdicts and ordered the appellants to pay three quarters of the court costs. According to the Lausanne judges, the action in question cannot be justified by the protection of legitimate interests or journalistic professional duties.
The case will now go back to the high court, which will have to redetermine the penalties. Swiss Television also wants to take the case to the European Court of Human Rights in Strasbourg, as the broadcaster announced in the Tagesschau.

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