Federal Court mitigates sanction against journalists
The Federal Administrative Court imposed too harsh a penalty on two journalists for publishing a court ruling prematurely. The Federal Supreme Court ruled in favor of Markus Felber of the NZZ and Thomas Hasler of the Tages-Anzeiger and limited the penalty to a warning.
In the late afternoon of April 10, 2012, the Federal Administrative Court in St. Gallen sent an e-mail with a ruling relevant to the stock market to journalists accredited to the court on a full-time basis. The embargo period for publication of the judgment in the media was set at seven o'clock the following morning. Various journalists subsequently drew the court's attention to the fact that this embargo would put the print media at a disadvantage compared to the electronic media. The latter could already report on the verdict from seven o'clock in the morning on April 11. Newspapers, on the other hand, would have to wait a day, as their editions would be available before seven o'clock.
Markus Felber from the NZZ and his colleague Thomas Hasler from the Tages-Anzeiger therefore decided, in consultation with their editorial teams, to have their texts published in the April 11 issue.
Downgrading disproportionate
The court sanctioned this deliberate disregard for the embargo period by downgrading the accreditation of the two journalists for a period of six months: Instead of receiving the judgments a few days before publication, as was previously the case, they were only to be sent the decisions at short notice. Felber and Hasler appealed to the Federal Supreme Court, which has now partially upheld their complaints and left it at a mere warning. According to the judges in Lausanne, the sanction imposed by their St. Gallen colleagues was disproportionate.
This is not a serious case and far more serious violations are conceivable. Moreover, the two individuals concerned had violated the information regulations for the first time. It could not be a question of making an example of them. After all, they had only slightly disregarded the blocking period, which did not take sufficient account of the interests of the print media.
According to Rocco Maglio, Head of Communications at the Federal Administrative Court, the court will now examine the general approach to setting and breaking embargo periods. The court is in regular contact with the accredited media representatives and also examines their wishes when setting blackout periods. However, it should be noted that the needs of the various media do not always coincide. (SDA)
Teaser image: Federal Court Bger.ch
















