OSCE Media Freedom Representative asks Swiss to add a public right to know to secrecy laws

VIENNA, 19 January 2005 - The OSCE Representative on Freedom of the Media, Miklos Haraszti, has voiced his concern over possible consequences for the media stemming from investigations into the disclosure of confidential military information by a Swiss newspaper.

Swiss Federal and Military Attorneys have started probes into SonntagsBlick's publication on 8 January of classified data on the interception by Swiss military intelligence of a fax from the Egyptian Foreign Ministry to its Embassy in London. The fax, sent via a satellite link on 15 November 2005, was a summary of world press reports on the issue of alleged clandestine CIA prisons in Europe.

In letters to Defence Minister Samuel Schmid, and Justice Minister Christoph Blocher, Haraszti has requested the Swiss Government to do everything in its power to limit action against the media in the SonntagsBlick case.

He also asked the Government to start amending the country's punitive provisions on breach of confidentiality, in order to bring them into line with modern concepts of the overriding public interest.

"The protection of government should be balanced with the internationally recognized principle of the public's right to know", he wrote. "The concept of overriding public interest - already applied by some courts in Switzerland - should be built into the provisions which penalize the breach of state secrets."

Haraszti also noted the media could not be held accountable for revealing confidential information.

"It is the job of the public authorities to protect secrets, so liability must be confined to the officials who leaked the secrets", he added.