Was respects your privacy, miss?

four and a half years, she was outside of the Canton of Zug is unknown. Today, anyone who you know is almost. And not only that, but All have an opinion about you. For one, she is a campaigner for justice, for the other a liar. Jolanda Spiess-Hegglin polarized. So controversial your personality is evaluated, so the opposite clashed at a hearing of the Zug cantonal court on Wednesday morning, two attitudes to each other.

The 38-year-old former Green-certain day, sued the "look", because he reported on Christmas eve 2014, for the first time about the incidents at the mayor's celebration, with the names and pictures of those Involved. Jolanda Spiess-Hegglin and her former colleague from the Council, Markus Hürlimann (SVP) were come close to. How close, and whether under the influence of substances or not – this is still unclear and is the subject of countless articles and comments. Sure is: Hürlimann silent since then. Spiess-Hegglin has opted for going Public.

the struggle for Reputation

a Volunteer, she didn't but said her lawyer, Rena inlet before the court. She spoke of the case of a "wife and mother", whose life at the age of 34 was shaken firmly from the "view" in the "shameless Art of his reason". The give it is rare in Switzerland, this type of injury. Spiess-Hegglin is a strong woman that had heaved itself out of the rubble of an unprecedented battle, the fights are still a daily basis to your Reputation, with insults and humiliation to be faced. With your club network, courage to fight against it, they advise municipal police corps, as well as counselling centres for equality and against racism.

Jolanda Spiess-Hegglin is your right to privacy from the "view" disregards. Photo: Keystone/Urs Flüeler

"But that's not wanted," said the lawyer. This is the life of the former journalist and politician, had been forced upon it. You lead it to become a recognized member of the society, had been pushed to the "street of life" on the road, because you from the main road. The "view" in the Federal Constitution and the Convention of human rights does not respect vested right to protection of privacy, Rena Zulauf, would be Spiess-Hegglin, today a politician, in a body, in a party. You requested, on behalf of their client, that "view" to apologize, your a satisfaction of 25'000 Swiss francs pays and is not further reported. Also it reserves the right to bring a further claim on Profits and compensation.

"Although there is no interested"

The hall of the Zug cantonal court has the charm of a meeting room, with cold fluorescent light and padded office chairs. Deputy court President Daniela Panico Peyer said during the two and a half hour hearing barely ten sentences. She gave the parties the word, twice, and promised at the end of the trial, the written judgment, success in about two months. Jolanda Spiess-Hegglin sat next to her attorney, husband, Reto Spiess among the spectators. On the other side of the Ringier-lawyer Matthias Schwaibold.

Schwaibold swung a sweeping blow against a lawyer Rena Zulauf, against all journalists, the eat, in its view, Jolanda Spiess-Hegglin "out of Hand", and on the applicant himself: If someone cultivate the scandal to today, the Jolanda Spiess-Hegglin, he said. She was neither the victim of "knockout drops" or "anything else", but rather the perpetrator: she was depicted as the victim of a Crime that was never there. This "invention" led to the temporary arrest of a wrongly accused man.

four and a half years, she was outside of the Canton of Zug is unknown. Today, anyone who you know is almost. Photo: Keystone/Urs Flüeler

nevertheless, you have the "tort claim" more widely, "although it is interested in any of the people". While Jolanda Spiess-denied Hegglin, that she went to the police for a suspected sexual offence, Ringier lawyer Schwaibold convinced of the contrary, as his remarks showed that The criminal charges come from the applicant himself, he stressed several times. She went to the Prosecutor's office. Now, you can do so, as the "look" of the crimes invented.

Nothing of what is in the article of Christmas eve 2014, was wrong, said Schwaibold. The Celebration was a political event, the Parties Kantonsräte and cantonal party presidents. "What is the violation of Personality rights, remains makes no sense." You should report a suspected crime of a cantonal party presidents compared to any other cantonal party President, said Schwaibold. The protection of victims, Spiess could have-Hegglin not appointed, contrary to the press Council, in its complaint, because she was not a victim. The "celebrated self-pity" don't count. "You do not suffer from a newspaper report that represents you as a victim," said the lawyer. "You suffer nothing more than a lie, and because you are holding on to."

article deleted

Anyone looking for the many Jolanda Spiess-Hegglin, published in "look"article on the Internet or in the media database, however, many. Ringier has deleted all the items except the first one from Christmas eve of 2014, as the NZZ reported recently. The lawyer Rena Zulauf regards this as an admission of guilt. Schwaibold countered: "If we don't delete the article, we are unapologetic. Now, it is an admission of guilt. You can never make it right." It's no fault admission, he said. But it is an act, in order to keep the potential damage at a minimum, such as Ringier-speaker René Beutner, on request, says: It is the "logical response to the is Profit, threatened to surrender claim". With the deletion is to be ensured that the possible profit would restrict discussion to a certain period of time.

Spiess-Hegglin leaves with her lawyer and husband Reto Spiess, the Zug cantonal court. Photo: Keystone/Urs Flüeler

With the income requirement, it will be difficult, however, as the media lawyer Andreas Meili says: The slats of the Federal court, were "very, very high". The main question was whether or not "views" have ever made a profit with these expenses. A precedent, there were a few years ago with Patty Schnyder's father, who agreed with the "look" finally, out of court, after the Federal court had upheld his complaint. However, Jolanda Spiess-Hegglin, with their claim of satisfaction, and, at most, compensation for damage have a Chance, if a heavy person would be found to be a violation, says Meili.

And this he thinks is realistic. It would not, in his view, are pleased to report that, since there is no direct connection between the Events and your public office or in office have passed. Instead, the journalists had to wait: "Would have corroborated the allegation against Hürlimann, could have been the cause of a journalistic re-evaluate." However, this allegation of a sex offence, in the room, with the name, "daring". If it relates to the intimate sphere, to the journalists three times, consider whether there are compelling, valid reasons for reporting.

police is not to be used as a reason

There is in the media, ethical considerations are never Black-and-white, says media scientist Roger Blum. But always the ethical considerations between the public interest and the privacy of a "discussion theory of morality". A country Ammann Celebration be public, but if two flirt and come actually or supposedly closer to the private.

everything would be Different, if the SVP-politicians then would be politically placed in the middle or the Green Spiess-Hegglin had suddenly represented civil positions. "The journalists were following this Ceremony, a certain amount of information, so that you could have the watch." The police was involved in the case, release from the protection of personality, says Blum, as little as it had done in the case of Geri Müller. "The police can also be alerted if there is nothing."

"Would not have been called by the Name, this would have been much better."Media-Professor Urs Saxer

Urs Saxer, Professor of media law at the University of Zurich, evaluated the case, Spiess-Hegglin against "the view" as a limiting case. In doctrine and practice, there is the opinion: The intimate life can not be without the willingness of the stakeholders to the Public. Exceptions are high-ranking politicians implicated in a criminal case, as in the case of Dominique Strauss-Kahn for example.

In the case of Jolanda Spiess-Hegglin and Markus Hürlimann, the question as to whether they are sufficiently prominent, if the ongoing investigations have already accepted the relevance of that to justify a publication, whether the attribution is in the public interest," said Saxer, who represents himself sometimes Affected in right of personality processes. "Would not have been called by the Name, this would have been much better. It is no coincidence that the journalists-calls for code of conduct."

The intimate life can not be without the will of those Concerned in the community, says media law Professor Urs Saxer. Photo: Keystone/Urs Flüeler (editor-in-Tamedia)

Created: 10.04.2019, 20:53 PM