02.03.2015

EGMR: Verwendung einer versteckten Kamera durch Journalisten

In its Chamber judgment issued on 24.2.2015 in the case of Haldimann and Others v. Switzerland
(application no. 21830/09), the European Court of Human Rights held, by a majority, that there had
been:
A violation of Article 10 (freedom of expression) of the European Convention on Human Rights.
The case concerned the conviction of four journalists for having recorded and broadcast an
interview of a private insurance broker using a hidden camera, as part of a television documentary
intended to denounce the misleading advice provided by insurance brokers.
In this case, the Court was for the first time called on to examine an application concerning the use
of hidden cameras by journalists to provide public information on a subject of general interest,
whereby the person filmed was targeted not in any personal capacity but as a representative of a
particular professional category.
The Court considered that the interference in the private life of the broker, who had turned down an
opportunity to express his views on the interview in question, had not been serious enough to
override the public interest in information on malpractice in the field of insurance brokerage.
Source: ECHR press release (pdf)