Information and File Inspection Ordinance of the Highest Cantonal Courts (IFIO) (IAV)

This Ordinance applies to all courts in Zurich. It does not apply to arbitration tribunals and arbitration proceedings.

2. Section: Information to the Public

1 Courts inform the public about their activities factually and transparently.

2 Information shall be provided taking into account official secrecy and safeguarding predominant public and private interests.

3 Courts do not comment on their decisions. However, they may provide explanations in an appropriate form.

Principle of Information

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211.15 Information and File Access Ordinance (IAV)

a. Hearing Dates

1 The courts publish information about their hearing dates online and upon request. They indicate any potential exclusion of the public.

2 Hearing dates for family law and summary proceedings, as well as for detention and unsealing proceedings, are not published.

b. Publication of Decisions

c. Publication of Case Law

Information about Judicial Administration

Competence

1 Court decisions that have not been orally pronounced in public shall be available for inspection at the court registry for 30 days. Inspection is limited to the case heading (rubrum) and the operative part (dispositiv) of the decision. If there are overriding interests of parties to the proceedings, the decisions shall be anonymized.

2 No public display shall take place for decisions that are not pronounced publicly by law. If necessary, the court shall inform the public about the outcome of the proceedings in another appropriate manner.

3 The highest cantonal courts may regulate the details and further general exceptions to the public display of decisions for themselves and for the courts subordinate to them.

The highest cantonal courts publish their decisions in anonymized form on the Internet and, if necessary, additionally in specialized journals. They may issue corresponding regulations.

1 The courts shall provide information in their annual report, on the internet, and upon request, regarding the composition of their members and substitute members, their Secretaries-General, and their Head Clerks. This information shall also cover the courts and authorities affiliated with them.

2 They shall publish their constitution and the declaration of interests of their members and substitute members on the internet, and shall provide corresponding information upon request.

3 They shall inform in an appropriate manner about particularly significant organizational or personnel changes and occurrences.

1 In pending proceedings, information is provided by the procedural or litigation management or by the media officer.

2 Otherwise, information is generally provided by the media officer.

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Information and File Access Ordinance (IAV)

Part 3: File Access

A. Definition

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Records within the meaning of this Ordinance are written, electronic, and other records, objects of inspection, and other items or values that have been received, obtained, or created by the court in a proceeding.

B. Proceedings

1 In pending proceedings, jurisdiction is determined by the

applicable procedural law.

2 If proceedings at an instance are concluded, its President

decides on requests for access to decisions. The President of the court

where the files are located decides on requests for access to other files. The

President may delegate this task.

a. restrict access to specific documents or sections of files,

b. completely or partially anonymize files before access,

c. grant access only under supervision,

d. prohibit the making of copies,

e. instead of file access, provide written or oral information.

protectable

interest

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Section 4: Media

Information and File Access Ordinance (IAV)

A. General Principles

1 Requests for file inspection must be submitted to the court, justified, in paper form or electronically. Any documents must be attached to the request.

2 In formal judicial administrative proceedings according to § 12 para. 2, electronically submitted requests must be provided with a recognized electronic signature.

3 The proceedings for which file inspection is requested must be precisely designated or sufficiently narrowed down, otherwise the request may be rejected.

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Information and File Access Ordinance (IAV)

**1 Assessment of File Access Requests**

1 The assessment of file access requests is fundamentally informal.

2 A formal judicial administrative procedure is initiated if

a. the applicant expressly requests it, or

b. the protection of the interests of parties to the procedure or third

parties requires it.

3 The request is usually decided based on the files. If it appears necessary for the protection of the interests of parties to the procedure or third parties, the request will be served on them, and a written statement obtained. The statement must be brought to the attention of the applicant.

**Form of Procedure**

**Costs**

**Notification of Decision**

**Legal Remedies**

Formal judicial administrative procedures are decided by order. The order includes instructions on legal remedies.

For the processing of requests for access to files, costs may be imposed in accordance with the fee ordinance applicable to the respective court. As a rule, no fee is charged to accredited media professionals.

The decision regarding a request for file inspection is usually communicated by postal delivery or electronically.

The decision may be appealed in accordance with the Administrative Justice Act³.

C. Inspection by Parties

1 In concluded court proceedings, parties and other participants have a right of inspection,

a. provided that no overriding private interests of other participants or public interests conflict with it, or

b. to the extent that they require the inspection for the assertion or defense of claims in connection with the respective proceedings.

2 The scope of the right of inspection generally corresponds to that during the pending proceedings.

D. Inspection by Courts and Other Authorities

Access to files shall be granted to domestic courts and authorities upon a reasoned request if

a. a legal provision stipulates it, or

b. they require the files for processing pending civil, criminal, or administrative proceedings and no overriding public or private interests stand in the way.

The granting of file inspection or the provision of information to foreign courts and authorities is only permissible based on superordinate law.

**Domestic Courts and Authorities**

**Foreign Courts and Authorities**

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Information and File Inspection Ordinance (IAV)

E. Inspection by Third Parties

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1 As a general rule, third parties have no right to inspect court files.

2 In concluded proceedings, they may be granted access to the files if

a. they assert a scientific or other legitimate interest, and

b. there are no overriding public or private interests precluding access.

Scientific Interest

A scientific interest is generally present when science-

the result

a. is intended to be made accessible to a broad professional public in the form of a dissertation or another scientific work created after completing a course of study, or

b. serves teaching purposes at higher educational institutions.

Another interest worthy of protection exists, in particular,

if the inspection

a. takes place in the course of professional activity or

b. serves to examine possible claims against parties to the proceedings or

claims of parties to the proceedings in connection with the

respective proceedings.

F. Scope and Restriction of File Inspection

1 File inspection generally encompasses the right to inspect the complete files and to have copies made thereof at one's own expense. For third parties according to §§ 19 et seq., the right of inspection is generally limited to the decision.

**2 Insofar as overriding private or public interests conflict with comprehensive inspection, the competent authority may, according to**

1 The media officer appointed by the court is generally responsible for contact with media professionals. If no media officer is appointed, the President of the relevant court is responsible.

2 The courts shall publish the names and business contact details of the media officers on their websites.

1 The courts shall inform the media in particular by

**answering enquiries, by publishing media releases, by media conferences, and through their internet sites.**

**2 They may inform accredited media professionals about upcoming court hearings and rendered decisions within the framework of regular meetings.**

1 Every disclosure of information shall be made taking into account official secrecy and after a balancing of interests between the interest of the parties in maintaining secrecy and the public interest in disclosure.

2 The court may, upon request, confirm to accredited media professionals the pendency of public proceedings and inform them of their procedural status. In proceedings of significant public interest, this information may also be provided to non-accredited media professionals.

B. Accreditation

1 Companies established in Switzerland and active in the media sector (media companies) as well as media professionals can generally be accredited (general accreditation).

2 Media professionals can exceptionally be accredited for a single proceeding (case-by-case accreditation).

3 The accreditation of media professionals is personal and non-transferable.

1 The Administrative Commission of the High Court is responsible for general accreditation. It may delegate this responsibility to the President of the High Court.

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2 The respective procedure or process management is responsible for case-by-case accreditation.

The general accreditation applies to all Zurich courts. General

Accreditation

a. Scope of

Application

The Administrative Commission of the High Court accredits media companies upon written request from an authorized signatory. The request must be accompanied by a commercial register extract.

1 Media professionals are only accredited for media companies that are themselves accredited.

c. of media professionals

2 The Administrative Commission of the High Court accredits media professionals upon written request from a media company or the media professional themselves. The request must be accompanied by a copy of identification and a current criminal record extract of the media professional.

3 For accreditation, the media professional must additionally

a. expressly acknowledge the "Declaration of Duties and Rights of Journalists" of the Swiss Press Council and

b. be able to demonstrate an employment relationship with an accredited media company or a regular activity as a freelance court reporter for an accredited media company.

4 Accreditation shall be refused if there are reasonable doubts about the trustworthiness of the media professional.

1 General accreditation is valid

a. for media companies indefinitely,

b. for media professionals for a period of four years or, during

a current four-year period, for its remainder.

2 An application for the extension of accreditation must be submitted

at least three months before the accreditation expires.

3 If the requirement according to § 30 para. 3 lit. b is no longer met,

the media professional must notify the Administrative Commission

of the High Court immediately in writing.

4 The courts publish an up-to-date list of accredited media companies

and media professionals on their website (accreditation directory).

d. Duration

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Information and File Access Ordinance (IAV)

Ad hoc

Accreditation

1 **Ad-hoc Accreditation**

Ad-hoc accreditation applies exclusively to the proceedings for which the media professional seeks accreditation. For any appeal proceedings, it must be requested anew.

2 It may also be granted to media professionals from non-accredited media companies.

3 For ad-hoc accreditation, a copy of an identity document and a confirmation from the media company in accordance with § 30 para. 3 lit. b must be submitted.

4 Persons with ad-hoc accreditation have the same rights and obligations as accredited media professionals for the duration of the proceedings for which they are accredited.

**Costs**

1 The costs for the initial accreditation procedure or for a renewed accreditation following a withdrawal in accordance with Article 38

para. 2 lit. d are determined by Article 20 of the Schedule of Fees of the Higher Court of 8 September 2010. The fee may be reduced by half.

2 As a rule, no fees are levied for individual case accreditations, for the extension of general accreditations, or for changes in the accreditation directory.

Access to

Negotiations

C. Rights and Obligations

The court may allow accredited media professionals access to hearings from which the public has been fully or partially excluded, in accordance with the applicable procedural law and subject to certain conditions.

File Inspection

1 In proceedings with public hearings and in proceedings in accordance

with § 34, accredited media professionals shall, upon request, be permitted

to inspect the files and to have copies made for reporting purposes, either

before or after the hearing. The following provisions shall apply

a. In civil matters, the consent of all parties must be obtained. This

consent must be procured by the media professional. Inspection shall

only be granted insofar as no overriding public or private interests

preclude it.

b. In criminal matters, inspection shall be granted regarding the indictment

or decisions replacing the indictment, and in appellate proceedings,

regarding the challenged decision. Inspection of further files shall only

be granted insofar as no overriding public or private interests preclude

it.

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c. In proceedings before the Administrative Court and the courts subordi-

nate to it, as well as the Social Insurance Court, inspection shall be

granted regarding the challenged decision. Inspection of further files

shall only be granted insofar as no overriding public or private interests

preclude it.

2 In proceedings where accredited media professionals are not permitted

access, the court shall decide, in accordance with § 22 para. 2, whether

and to what extent they may be granted file inspection.

3 The court's and parties' study of the files must not be impaired by

the media professionals' inspection.

4 If inspection is granted, the court may send copies of the files to media

professionals by post or electronically via a secure connection.

5 The copies provided may only be passed on to accredited media

professionals. After inspection, and no later than after the conclusion of

reporting on the relevant proceedings, they must be destroyed or stored

protected from unauthorised access. Violations may be sanctioned in

accordance with § 38.

1. **Disclosure to Accredited Media – Disclosure of Decisions**

Upon request, the courts shall provide accredited media professionals with the operative part of the judgment and any final decision with written grounds in proceedings with a public pronouncement of judgment.

2. If the decision is published on the Internet, reference can be made to it, and a physical disclosure can be waived. The court may also, if necessary, inform about the outcome of the proceedings in another suitable manner.

3. The court may take into account protectable interests with measures in accordance with § 22 para. 2.

1 The reporting shall be conducted in a factual and appropriate manner and shall duly consider the legitimate interests of the parties involved in the proceedings. Media professionals and media companies shall observe the "Declaration of the Duties and Rights of Journalists" of the Swiss Press Council and shall, in particular, avoid any form of prejudgment, unnecessary exposure, or suggestive reporting.

2 Media professionals and media companies shall comply with the court orders made pursuant to a law.

3 Courts may issue embargo periods for reporting, which media professionals and media companies must observe.

4 Media professionals and media companies are obliged to publish corrections according to § 125 GOG.

1 Violations of the duties as accredited media undertakings or media professionals must be reported to the Administrative Commission of the High Court.

2 In the event of a culpable breach of duty or disregard of the duty to correct pursuant to § 125 GOG, the Administrative Commission of the High Court may impose the following sanctions

a. warning,

b. fine up to CHF 10,000,

c. suspension of accreditation for a maximum of six months,

d. withdrawal of accreditation.

3 Against persons with single-case accreditation, the respective case management or trial management may impose sanctions in accordance with para. 2 lit. b and d.

4 Before deciding on the imposition of a sanction, the Administrative Commission shall hear the affected court and the media undertaking or the media professional.

5 A suspension or withdrawal of the accreditation of the media undertaking generally leads to the suspension or withdrawal of accreditation for all media professionals accredited for that media undertaking. The sanction may also be limited to the accredited media professionals of a single media product of a media undertaking.

6 In the event of the withdrawal of general accreditation, the Administrative Commission may stipulate that no further accreditation is possible for one year, or for up to three years in the case of repeated withdrawal.

1 Against the refusal of general accreditation, its extension, and against the imposition of sanctions, an appeal may be lodged with the Appeals Commission of the High Court within 30 days of the decision being communicated.

2 Against the refusal or a sanction in the context of a case-by-case accreditation, the appeal must be filed with the court concerned.

3 The procedure is governed by the Administrative Justice Act.

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Information and File Access Ordinance (IAV)

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D. Media Portal

1 The courts may establish an electronic media portal - Principle

2 The media portal shall make documents available to accredited media professionals which may be handed over to them in accordance with §§ 35 and 36.

1 The Administrative Commission of the High Court may grant accredited media professionals, who regularly report on proceedings and hearings of the Zurich courts, access to the media portal upon application. It shall regulate the details in a set of regulations.

2 Access is personal and non-transferable.

1 Use

1 The information from the media portal may only be passed on to accredited media professionals.

2 In the event of misuse of access or of documents and information obtained via the media portal, the authorization will be immediately suspended or revoked by the Administrative Commission of the High Court. § 38 para. 1, 2, 4 and 6 apply mutatis mutandis.

3 An appeal in accordance with § 39 para. 1 is available against the suspension or revocation of authorization.

Transitional provision on the amendment of July 12, 2021

Accreditations granted based on the Ordinance of the Highest Cantonal Courts on Information about Court Proceedings and Access to Files by Third Parties (File Access Ordinance of the Highest Courts) of March 16, 2001, remain valid for six months from the entry into force of the present Ordinance. If a new accreditation in accordance with the present Ordinance is applied for within this period by an already accredited person, the collection of a fee in accordance with § 33 will generally be waived.

1 OS 76, 359; for reasoning, see ABI 2021-09-10.

2 Entry into force: November 1, 2021.

3 LS 175.2.

4 LS 211.1.

5 LS 211.11.

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