Journalists need to be able to write about matters of public interest, without fear of prosecution

VIENNA, 21 February 2022 – OSCE Representative on Freedom of the Media Teresa Ribeiro expressed concerns in reaction to the recently revealed Suisse Secrets, a project published by a consortium of investigative journalists from across the globe.

“The fact that no journalists from Switzerland participated in these investigations shows that restrictive laws can have a negative impact on media freedom in a country. The possibility that journalists who publish banking information in the public interest could face criminal charges undermines their ability to do their work freely and without fear of prosecution,” she said.  

The Representative refers to Article 47 of the Federal Law on Banks stating that anyone who discloses banking secrecy to another person shall be punished with imprisonment of up to three years or a fine.

Under international law, journalists have the right to write about matters of public interest. “It is the media’s fundamental role to act as society’s watchdog and detect wrongdoings, inform the public and hold authorities to account. If journalists are not able to do that because of fear of criminal prosecution, media freedom is under threat,” underlined the Representative.

The OSCE participating States have recognized the importance of investigative journalism in the 2018 Ministerial Council Decision on Safety of Journalists, in which they stated that “the ability of media to investigate, and to publish the results of their investigations, including on the Internet, without fear of reprisal, can play an important role in our societies, including in holding public institutions and officials accountable.”

Ribeiro expressed hope that the Government of Switzerland will uphold these commitments and amend the law in order to fully comply with international standards as well as OSCE media freedom commitments.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.