Live streaming into the courtroom

During the coronavirus pandemic, the Federal Council issued temporary regulations on the use of video and teleconferencing in civil proceedings, which expired at the end of 2022. However, the emergency solution that was in place at the time is now returning permanently. The revised Swiss Civil Procedure Code (CPC), which will come into force on 1 January 1, 2025, stipulates that oral proceedings in civil proceedings can also be conducted by video and telephone conference in future.

What has long been commonplace in the office has now also reached the judiciary. From next year, plaintiffs, defendants and spectators will be able to follow court hearings via live stream. Certain technical requirements as well as data protection and data security requirements must be met for this.

On October 16, 2024, the Federal Council enshrined these in the final wording of the ordinance, tightening the requirements compared to the original draft. The ordinance will also come into force on January 1, 2025.

The courts are not obliged to conduct proceedings by video or telephone conference. It is at the discretion of the respective court as to whether the hearing should be accessible via live stream or not. As part of the “Justitia 4.0” judicial reform, courtrooms are being equipped with the necessary technical infrastructure. However, it cannot be assumed that a comprehensive live streaming service for court hearings will be available by January 1, 2025.

Log-in only with registration

There are two options for a virtual court hearing: The court can either conduct the procedural measures by electronic means for all parties to the proceedings with the consent of the parties. In this case, they take part in the hearing via video or telephone. The same right also applies to the court seating. Alternatively, hybrid conferences are also possible. The actual hearing will take place in the courtroom as before, but persons involved in the proceedings can be connected online.

Provided there are no overriding public or private interests to the contrary, the court may conduct a witness examination or a party hearing via live stream – even without the request or consent of the parties. If a witness or party is located abroad, the courts must continue to respect the territorial sovereignty of foreign states. Summons to foreign countries and the taking of evidence abroad must therefore always take place by way of mutual legal assistance.

In Switzerland, there is a constitutional right to a public court hearing and the pronouncement of judgement. If there are no important confidentiality or privacy interests against a hearing in front of the public, this means that anyone can attend a court hearing as a spectator.

However, the fact that court hearings will not only be open to the public in future, but also be broadcasted via live stream on an unlimited and unrestricted basis, raises questions regarding data protection and security policy. How can Swiss court hearings be prevented from being misused for espionage purposes or criminal offences? One precautionary measure is that interested spectators must register with the court at least three days in advance. Registered persons will receive the necessary login details no later than one working day before the trial. The parties to the proceedings and spectators are prohibited from granting access to other third parties or from recording the court hearing. The court or third parties authorised by the court are solely responsible for recording the hearing.

A broad term

Data protection is intended to protect the privacy and personal rights of data subjects when their data is processed. The term ‘processed’ is broadly defined and refers to any handling of personal data: saving, obtaining, storing, using, modifying, disclosing, archiving or destroying. Data security protects personal data by taking sufficient technical and organisational measures against unauthorised access and processing, commonly known as hacking.

In order to guarantee the security of data processing, the servers used to realize the live stream from the courtroom must be located in Switzerland or in a member state of the European Union. The transmission must also be encrypted throughout the entire transmission process. The infrastructure and software may only be accessible to the court.

In this way, both the principle of publicity and data security should be safeguarded.