Facts
The appellant, R., the director-general of the telecommunications department of the PTT, was convicted of complicity in the distribution of obscene publications (Art. 204 aCPC) and pornography (Art. 197 SCC) due to his role in the introduction and operation of the 156 tele-kiosk system. This system allowed operators to provide the public, for a fee, with erotic and pornographic content, including content accessible to minors. Although informed by the Vaud prosecutor that certain operators were using the tele-kiosk to disseminate illegal content, the appellant continued to order the provision of the necessary telephone facilities, thus becoming an accomplice to the offences committed.Considerations
The DFC of the ATF upheld the appeal on one point: it considered that oral conversations, even of a pornographic nature, do not constitute "obscene publications" within the meaning of Art. 204 aCPC or "pornographic representations" within the meaning of Art. 197 SCC. Consequently, the appellant's complicity can only be established for the pornographic recordings made accessible. The sentence must therefore be re-determined, taking into account this limitation of the…