Facts
Swiss Television (SF) realized and broadcast the so-called Living History project "Alpenfestung - Leben im Réduit" in the summer of 2009. Subsequently, a blog was set up on the SF website, where SF employees regularly reported on the project. Private visitors to the website were given the opportunity to post comments on the blog entries. In the present case, a comment with the title "X." was published on a blog post from August 5, 2009. Based on this comment, a person filed a criminal complaint for defamation. The Public Prosecutor's Office of the Canton of Zug then requested that SF disclose the identity of the comment author (IP address, date and time). SF filed a complaint against this order to produce with the Federal Supreme Court, which granted the complaint.Considerations
The Federal Supreme Court states that SF is to be considered a periodically published medium within the meaning of Art. 28a para. 1 of the Swiss Criminal Code, as the blogs on the SF website are posted at regular intervals and are addressed to a large circle and the public. The element of professional activity is also fulfilled. Furthermore, the Federal Supreme Court finds that the blog and its associated comments constitute information in the editorial part according to Art. 28a para. 1 of the Swiss Criminal Code. Although the distinction between information and entertainment in practice is difficult, the concept of information must be interpreted…