Zurich judge acquits Republic journalist
A Zurich judge sitting alone acquitted a *Republik* journalist of charges including defamation. An ETH professor had felt discredited by an article.
The journalist had chosen the Article based on an investigation report of the ETH. The report contained sentences of a defamatory nature, the judge said on Tuesday. This for example to the guidance style of the professor and to its reputation. But the journalist could have taken over the sentences from the report, justified the judge its judgement at the district court Zurich. The fact that he quoted selectively from the report was part of critical reporting.
The report had not been secret, as the prosecution claimed, the judge added. The public prosecutor's office and the ETH had failed to provide this evidence. The accused was thus also acquitted of the charge of publishing official secret negotiations.
The judge went on to say that the federal law against unfair competition could not be applied. This concerns disadvantages for entrepreneurs, not employees.
Clearly, the court could not judge whether the journalist had pursued "thesis journalism" or had taken a shot at ETH. "That is not the task of a criminal court," said the judge.
"Usual labor conflict"
The defense lawyer and the professor's lawyer disagreed at the trial about the nature of the incidents on which the report was based. For the lawyer it was an "ordinary work conflict", the defense lawyer said that such a conflict would hardly bring to light a report of more than 150 pages. The professor had made serious accusations against the head of his institute, but later apologized.
The journalist quoted only negative and defamatory statements from the report, said the professor's lawyer. He had left out positive assessments. He had been interested in supporting his thesis of the different treatment of women and men at ETH. Because the professor was recognizable in the report, he was threatened with professional disadvantages.
The defense lawyer denied that there had been any defamation. The journalist had relied on assessments by third parties. For the average reader of the Republic the professor was also not recognizable. He was not named and was one of 40 professors at the relevant institute.
The journalist did not give any details of the charges in court. In addition to the acquittal, he will receive compensation for legal fees of 13,000 Swiss francs.
Conditional fine demanded
At Republic-In the article, the professor was accused, among other things, of spying on doctoral students and verbally attacking his institute director. Allegations of plagiarism were also raised, but with the indication that ETH had investigated these and described the accusations as groundless.
The public prosecutor's office had demanded a conditional fine of 140 daily sentences of 120 francs each. In addition, the journalist was to pay a fine of 2,000 francs. The professor's lawyer had claimed legal fees of 32,000 Swiss francs in addition to satisfaction of 500 Swiss francs.
The verdict is not yet final. The professor and the journalist will also meet again in civil proceedings. (SDA)
