Facts
A., a journalist of around twenty years working for the free daily newspaper D., was convicted by the Criminal Court of the Cantonal Tribunal of Neuchâtel for disobedience to an authority's decision, under Art. 292 of the Swiss Criminal Code. This decision followed A.'s publication of information concerning the presence of a child during the double homicide committed by the defendant, whereas the criminal court had ordered a partial in camera hearing and prohibited the journalists present from disclosing information allowing the identification of the defendant's and the victim's children.
The criminal court had ordered a partial in camera hearing, allowing the presence of journalists but prohibiting them from disclosing information allowing the identification of the defendant's and the victim's children, under the threat of Art. 292 of the Swiss Criminal Code. A. nevertheless published articles mentioning the presence of one of the children during the crimes.
Considerations
The Federal Tribunal admitted A.'s appeal and annulled his conviction. It considered that the restriction on the journalist's freedom of expression was disproportionate, insofar as the information concerning the child's presence had already been made public before the criminal court's injunction. Therefore, the prohibition on publishing this information and the subsequent conviction of A. were…