Facts
In a criminal case involving domestic violence, the District Court of Zurich ordered the exclusion of the public in order to protect the personality of the accused and the victim. The court reporter of the newspaper "Blick" was requested by the presiding judge to guarantee that he would not disclose the identity of the parties involved. Since the reporter refused to do so, he was excluded from the main hearing.
The reporter filed an appeal against the exclusion, which was dismissed by the High Court of the Canton of Zurich. Subsequently, he filed a criminal complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the complaint. It stated that the exclusion of the reporter was based on a sufficient legal basis in cantonal law and was justified to protect the personality rights of the accused and the victim.
The court found that while the freedom of the media under Art. 17 of the Federal Constitution and Art. 10 of the European Convention on Human Rights generally includes access of the media to court hearings, this access can be restricted if necessary to protect the personality rights of third parties. In the present…