Facts
In August 1979, a working group of the Control Committee of the National Council prepared a draft report on the federal supervision of the Swiss Broadcasting Corporation (SRG). At that time, the report was not intended for publication. Journalist X. obtained the draft report by unknown means and published excerpts from it in the "Weltwoche" newspaper on September 5, 1979. Consequently, the President of the National Council filed a criminal complaint against X. for breach of official secrecy and publication of official secret proceedings pursuant to Article 293 of the Swiss Criminal Code (StGB).
The District Court of Zurich found X. guilty of publishing official secret proceedings and imposed a fine. The Cantonal Court of Zurich upheld the first-instance decision. X. then filed a nullity appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the nullity appeal.
According to Article 293, paragraph 1 of the Swiss Criminal Code, a declaration of confidentiality by law or administrative decision is sufficient. This does not necessarily have to be a formal law, as a regulation can also suffice, provided the issuing authority is authorized to do so.
The Rules of Procedure of the National Council (GRN) contain in Article 22 a sufficient legal basis for the declaration of confidentiality of the proceedings of the Control Committee. Article 22 of the GRN stipulates that the…