Only secrets with permission: Council of States wants to weaken freedom of the press

class=”sc-cffd1e67-0 fmXrkB”>

The Federal Council must investigate whether the publication of illegally collected data can be criminalized in the future. That is what the Council of States wants. A majority of the 28 state councilors from Mitte, SVP, FDP and GLP spoke out in favor of a corresponding initiative on Wednesday.

That would hit journalists hard and limit press freedom. Media lawyers and the responsible federal council member assume that such a rule could mean that in the future journalists are only allowed to conduct research based on data that has been published voluntarily.

Baume-Schneider warned in vain

Media lawyers are concerned about the plans: “So if a company pollutes the environment or a hospital charges excessively expensive treatments, the media may only report on this if the company or hospital releases the data,” explains lawyer David Zollinger. , Media lawyer and former prosecutor, recently told the ‘TagesAnzeiger’. In practice, this rarely happens because they try to keep it a secret.

Minister of Justice Elisabeth Baume-Schneider (59) made the same note in the Council of States: “For example, if a company systematically violates the law because it is guilty of corruption or money laundering, there may be a public interest in these facts. become known.”

Investigative journalism is made more difficult

Today, Swiss journalists can in most cases report on such “illegally collected data” if there is a public interest, without fear of criminal prosecution. Journalists’ associations fear that if reporting on such leaked data were to be banned, it would be a major problem for investigative journalism in Switzerland.

FDP president Thierry Burkart (48) defended the issue as spokesperson in the council. He said it was in no way about restricting press freedom. “We must not forget that illegally obtained data can also influence the data of innocent citizens.”

There is certainly “a legitimate interest on the part of the media with regard to constitutionally protected media freedom.” But this question must be clarified ‘holistically and also by weighing these two high values ​​against each other’. The report that is now being commissioned should show what the advantages and disadvantages of such a scheme would be.

Switzerland reprimanded

However, Switzerland already has strict rules: if Swiss journalists and reporters pass on secret data from a Swiss bank, they risk a prison sentence of up to three years. The UN Rapporteur on Freedom of Expression addressed this directly to the Federal Council last year, publicly warning against the “criminalization of journalism”. Swiss law is contrary to the human rights treaty. The Council of States was not impressed by this on Wednesday.

Source:Blick