Serious indiscretions should remain punishable by law
The Federal Council intends to revise the criminal provision that makes the publication of classified documents a criminal offense. However, it does not intend to abolish the notorious Article 293 of the Criminal Code entirely.
The Federal Council wants to revise the criminal provision that criminalizes the publication of secret documents. However, it does not want to completely abolish the notorious Article 293 of the Swiss Criminal Code. A motion tabled by Josef Lang (Greens), a member of the National Council from Zug, to abolish this section of the law was rejected by the state government (see ). The article in the law threatens media professionals who publish "official secret proceedings" with imprisonment or a fine. This means that not only the leaker but also the publisher risks punishment.
In its statement published on Wednesday, the Federal Council writes that freedom of expression is not absolute. For example, the European Court of Human Rights in Strasbourg has ruled that a fine imposed on a journalist on the basis of Article 293 does not violate freedom of expression. However, the considerations in the judgment show that the current interpretation of Article 293 is hardly tenable, the Federal Council continued. The Federal Council is therefore considering a revision of Article 293: the criminal provision should be better aligned with the case law of the European Court of Justice, thereby increasing legal certainty.
In its statement published on Wednesday, the Federal Council writes that freedom of expression is not absolute. For example, the European Court of Human Rights in Strasbourg has ruled that a fine imposed on a journalist on the basis of Article 293 does not violate freedom of expression. However, the considerations in the judgment show that the current interpretation of Article 293 is hardly tenable, the Federal Council continued. The Federal Council is therefore considering a revision of Article 293: the criminal provision should be better aligned with the case law of the European Court of Justice, thereby increasing legal certainty.
