Attack on Press Freedom: Investigative Journalist’s Phone and Computer Seized

2023-06-21 12:22:23

Wednesday, 06/21/2023, 12:22 p.m

The public prosecutor’s office in Klagenfurt confiscated the mobile phone and computer of the Carinthian investigative journalist Franz Miklautz. There is talk of an “extreme blow to press freedom” – the Minister of Justice is now also dealing with the case.

Vienna, Klagenfurt – The Association of Editors-in-Chief and the press club Concordia criticize the actions of the Carinthian public prosecutor’s office once morest the journalist Franz Miklautz. This had started investigations into the “contribution to the violation of official secrecy and violation of the data protection law” and secured Miklautz’ computer and mobile phone.

The journalist organizations see an “attack on the freedom of the press”. The Justice Department has already requested a report.

Journalist organizations demand testing

Miklautz had reported on mismanagement around the Klagenfurt town hall and quoted from secret documents. The action of the judiciary is a frontal attack on editorial secrecy, red lines are being crossed here, the association of editors-in-chief and the press club Concordia announced.

The journalist organizations are demanding that Justice Minister Alma Zadic quickly examine the cause. In connection with the case, the journalist representatives also pointed out the urgency of a freedom of information law.

Department of Justice requested report

When asked, Zadic’s office said that an urgent report had been given to the public prosecutor. Further steps would then be taken on this basis. The data carriers and their content have been sealed and are now being held in court, an evaluation is not possible until a court review.

Freedom of the press is an “inevitable basic principle of our democratic order,” they said. “It ensures that journalists can work freely and their sources are protected. This is essential in a democracy so that the media can exercise their control function as the fourth estate in the state and as public watchdogs.” It is the task of all institutions in a constitutional state to ensure that journalists can exercise this function. Therefore, there are also special legal provisions such as editorial secrecy and freedom of the press. “These provisions must always be respected by the public prosecutor’s office and the freedom of the press must be protected.”

“Extreme blow to press freedom”

The international organization Reporters Without Borders (RSF), which publishes an annual press freedom index, expressed massive criticism. “The procedure is an extreme blow to freedom of the press. If this catches on, all journalists will have to ask themselves whether they will still receive information in the future,” said RSF Austria President Fritz Hausjell.

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“It is crying out that the Freedom of Information Act should finally be implemented and official secrecy abolished. If the actions of the Carinthian public prosecutor’s office go through, official secrecy will prevail over editorial secrecy.” Hausjell referred to the previous ruling of the highest instance, which strongly protects editorial secrecy in connection with freedom of the press and made it clear: “Of course, editorial secrecy also applies to Mr. Miklautz”.

In a press release, the Press Council emphasized that many other European countries have a legal right to the publication of such documents and also calls for the implementation of “a strong freedom of information law”. Alexander Warzilek, Managing Director of the Press Council, sees the property right being blatantly violated by the current investigations: “Here, a journalist is apparently being intimidated with coercive state measures. This is a massive encroachment on press freedom, especially since editorial secrecy must not be undermined by criminal law. ”

Court of Auditors President Margit Kraker tweeted that it was important to her that the state functioned well. “That also means paying particular attention to the protective function for press freedom.”

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Klagenfurt town hall in the focus of the research

Miklautz had the investigation on his own on Tuesday news blog made public: “Since the stories I wrote are correct in their entirety and I cannot be prosecuted under media law, the other side is now trying criminal law.” The Carinthian had repeatedly attracted attention in the past few months with research into Klagenfurt Airport and Klagenfurt City Hall. In this specific case, it is regarding his publications regarding overtime, commissions and sideline activities in the Klagenfurt town hall.

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There is also great excitement in Carinthia. There have been numerous statements of solidarity from journalists from other media outlets on social media. Criticism also came from politics. Governor Peter Kaiser (SPÖ) did not make a statement himself, but his press spokesman Andreas Schäfermeier explained that freedom of the press is a valuable asset. “It is to be hoped and expected that the public prosecutor’s office is very aware of the importance of freedom of the press and will exercise the appropriate sensitivity. In any case, the public spotlight is focused very precisely on the public prosecutor’s office,” said the spokesman for the governor.

The reactions of the parties

There was also criticism from the parliamentary parties: SPÖ club chairman Philip Kucher asked Zadic in a broadcast to ensure that the confiscated devices were returned as quickly as possible and also to ensure that something like this might not happen once more. FPÖ member of parliament Christian Ragger announced a parliamentary question, the deputy NEOS club chairman Nikolaus Scherak called for an independent federal prosecutor’s office to be co-appointed by parliament and for the adoption of a freedom of information law. (TT.com, APA)


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