Journalist not punished for 3D-printed gun
Published: Thursday, Dec 12th 2024, 18:10
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A journalist for the French-language French-speaking Swiss television station RTS has not committed a criminal offense by acquiring, possessing and transporting a pistol from a 3D printer. The Federal Supreme Court reached this decision on Thursday with reference to freedom of expression and freedom of the press.
The journalist had obtained the blueprints for a 3D-printed gun online in 2019. According to the Federal Supreme Court, her sole intention was to show in a report how easy it is to obtain and assemble such a weapon from a 3D printer and what dangers it poses to public safety.
With the program broadcast by RTS on 7 April 2019, the journalist "acted exclusively within the scope of her journalistic activities", the Federal Supreme Court stated on Thursday in a statement on its public deliberations.
No criminal network supported
A conviction of the journalist for violations of the Weapons Act is not compatible with freedom of expression in accordance with Article 10 of the European Convention on Human Rights (ECHR); and this article also includes freedom of the media and press, the federal judges stated in a press release.
In view of the case law of the European Court of Human Rights (ECtHR), punishment is not necessary in a democratic society. Nor does this correspond to a compelling social need. In this context, the Federal Supreme Court rather emphasizes that the ECtHR regularly underlines the guardian function of the media.
In the opinion of Switzerland's highest court, the journalist's actions did not lead to any significant danger to public safety. This is because she had always kept the weapon under lock and key, even when transporting it on the train.
Finally, the Federal Supreme Court found that the journalist did not support a criminal network in the production of the individual parts of the weapon, as she made use of publicly and legally available 3D printers. The journalist's actions were therefore considered lawful overall.
(Judgment 6B_650/2022, 6B_664/2022 of December 12, 2024)
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