Court seizes Die Zeit podcast recordings from Block trial – press freedom contested
Hamburg Regional Court ordered the seizure of audio recordings from a Die Zeit podcast in which Stephan Hensel and two of his daughters discuss a child abduction. The publisher warns of attacks on source protection.
Hamburg court confiscates podcast material in abduction trial
The Frankfurter Allgemeine Zeitung reports that Hamburg Regional Court seized audio recordings of the Die Zeit podcast "Zeit Verbrechen: House of Block" in mid-October. The recordings were made two weeks after a child abduction in a safe house in Denmark and were used by journalist Anne Kunze for the podcast series.
The court justified the action on the grounds that the recordings could contain new, previously unknown information relevant to the trial against businesswoman Christina Block (53). Block is accused of ordering the abduction of her two children, then aged ten and thirteen, from their father Stephan Hensel on New Year's Eve 2023/24. She denies the allegations.
The searches were conducted at the Die Zeit editorial offices in Hamburg and at the home of the podcast journalist. Investigators also targeted material for alleged contracts between the interviewees and Die Zeit – which the publisher, however, denied. The journalist ultimately handed over the recordings voluntarily, though sealed.
The court issued the search warrants with a waiver of enforcement – meaning the affected party could prevent the measure by voluntarily handing over the material. The journalist made use of this option but simultaneously objected to the seizure. The publisher announced it would defend itself "with all legal means".
Die Zeit editors-in-chief Giovanni di Lorenzo and Jochen Wegner emphasised that source protection is crucial for independent media – it is part of press freedom. The court's action is therefore being criticised by press representatives.
The seizure is based on the duty of ex officio investigation under Section 244 (2) of the Code of Criminal Procedure (Strafprozessordnung – StPO). This obliges courts to establish all relevant facts and evidence for the purposes of establishing the truth. Hamburg Regional Court used this rule to issue search warrants itself under Section 105 (1) StPO.
However, the action is constitutionally questionable: journalists have a comprehensive right to refuse to testify under Section 53 (1) of the Code of Criminal Procedure as an expression of press freedom (Article 5 (1) of the Basic Law). Section 97 (5) StPO also provides for a prohibition on seizure of related material such as interview recordings. Whether the search warrants can be lawful is therefore considered doubtful.
The trial against Block is being heard before the 2nd Grand Criminal Chamber of Hamburg Regional Court. Also accused of alleged abetting are her partner, sports broadcaster Gerhard Delling, her cousin Uta B., her cousin's husband Mark B., and security entrepreneur Andreas P. The family's retained lawyer Andreas Costard is accused of aiding and abetting and embezzlement – he too denies all charges. Only Israeli Tal S., who was directly involved in the abduction, has confessed so far.
Source: Frankfurter Allgemeine Zeitung