Urs Paul Engeler has not committed any breach of official secrecy

A Bernese court today acquitted Weltwoche journalist Urs Paul Engeler in full of the accusation that he had published official secrets. He will receive compensation of 200 francs. Exactly one year ago, Engeler had published a preliminary draft of the new State Protection Act and commented on it in his caustic manner. The public prosecutor's office then filed a criminal complaint for breach of official secrecy, and Engeler was sentenced to a fine of CHF 600 in the first instance. Engeler appealed the verdict and was acquitted today by Bernese single criminal court judge Andrea Müller. The draft law in question was neither classified as secret nor confidential.
Urs Paul Engeler told sda that he was relieved by the decision, but also disappointed, as he had hoped for a "democratic political justification". It is still unclear whether he will take the ruling any further. The media union Comedia echoes this sentiment in its press release today. Although it welcomes the decision itself, it criticizes "the fact that the court did not take a clearer stance against the applicability of Article 293 of the Swiss Criminal Code". According to Comedia, this article "undermines the constitutionally guaranteed freedom of the media". A parliamentary motion to abolish this criminal article has already been submitted (see
"Motion against legal articles on the violation of journalistic secrecy").