Was the threatened search of the ZEIT newsroom and the seizure of audio recordings a disproportionate infringement on freedom of the press, or a permissible measure to preserve evidence? The 3sat program “Kulturzeit” addresses this question and interviewed the scientific director of the HBI, media law expert Prof. Dr. Wolfgang Schulz, on the subject.
While establishing the truth in a criminal trial is of central importance, and the court’s idea of gaining additional insights from the as-yet-unreleased audio recordings is not unreasonable from the outset, explains Wolfgang Schulz. However, the protection of confidential conversations is a vital principle in journalism: If journalists have to fear being compelled to hand over such recordings, this could deter potential sources from confiding in the press. That would significantly impair journalistic work.
Assessing the case is further complicated by the fact that one of the interviews was conducted with a minor. This raises the question of how to balance her special need for protection with her desire—and her right—to tell her own story.
The background to this is the ongoing criminal trial against businesswoman Christina Block. She is accused of ordering the kidnapping of her own children. A reporter for *Die Zeit* had conducted in-depth interviews with two of her daughters for the podcast “House of Block.” On October 12, the public prosecutor’s office and the State Criminal Police Office demanded the handover of the audio recordings based on a court order. To avert a search, *Die Zeit* handed over the material in a sealed envelope and filed an appeal against the seizure.
The entire episode is available in German in the 3sat media library: Fall Block: True Crime und die Medien [The Block Case: True Crime and the Media] (starting at approximately 3:10).