Whether in a moment of anger or unintentionally, you could say something derogatory about another person or a group of people. What punishment does the Swiss law provide for in such situations?
Perhaps all of us have done this at one time or another in Switzerland: insulted someone either expressly or not.
Most of the time, however, nothing more serious than an exchange of cross words follows the insult, but in some cases the repercussions for the offender are much more consequential.
What does the law say?
True, there is a very fine line between the constitutionally-guaranteed right to the freedom of speech and the act of what the Swiss law refers to as ‘defamation offences’.
Defamation occurs when someone makes a statement or a value judgment about the victim to a third party or to the victim themselves, which “violates their personal honour.”
According to Article 177, paragraph 3 of the Swiss Criminal Code, “anyone who verbally attacks someone’s honour in writing, images, gestures or physical actions is liable to prosecution.”
There are, however, two exemptions, granted at the court’s discretion: one, if the offended party has directly provoked the insult by reprehensible behaviour, or two, if the victim immediately reciprocates by a counter-insult or assault,
This general law applies to all kinds of situations, including racist slurs, also known as ‘hate speech’
Swiss legislation provides for punishment of hate speech, including direct comments, public incitement to racial hatred or discrimination, spreading racist ideology, and even denying crimes against humanity.
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‘Sticks and stones may break my bones, but words will never hurt me’
This old nursery rhyme carries a sound advice, but not where Switzerland’s legislation is concerned.
While many people will just shrug off any verbal offences, others will not.
Seizing the opportunity offered to them by the law, a number of victims file complaints against their offenders.
Punishment for these acts depends on the severity of offences.
Generally speaking, penalties for insults range from fines to a prison sentence up to a maximum of 90 days.
Incidents of racism carry monetary fines and, in more extreme cases, sentences of up to three years’ imprisonment.
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These are examples of actual cases and the punishments imposed
In September 2019, a 64-year-old man lost his temper at – of all places – a Zurich police station and told a police officer he was an “arsehole.”
He was fined 1,100 francs.
In terms of hate speech, a former Swiss People’s Party (SVP) politician published a tweet suggesting a ‘kristallnacht’ – referring to the night of November 9th 1938 when Nazi forces destroyed hundreds of synagogues and Jewish businesses in Germany – this time against Muslims in Switzerland.
The court not only ordered him to pay 2,000 francs for his racist rant, but he was also thrown out of his rightwing party.
