Hate speech on the Internet – Hardly any legal recourse in Switzerland against hate on the Internet – News


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Hate messages and death threats: The tone on social networks such as the messenger service “Telegram” has sharpened significantly in the last two years. In almost 90 telegram groups and half a million messages, SRF Data examined how opponents of corona policy exchange views. A worryingly high number of abusive behaviors, calls for violence and murderous fantasies were identified.

But only a minority of all Telegram users are responsible for the toxic climate on the platform. Despite this, the number of loud, angry and hateful messages is growing. The perpetrators post their hate messages anonymously, without risking being recognized.

And this is exactly one of the central problems in dealing with hate messages on the Internet: In order to find out the identity of the perpetrators, the technology companies would have to cooperate. Because these are usually based abroad, it is difficult to enforce the law.

verbal abuse and death threats

National Councilor Jacqueline de Quattro (FDP/VD) is one of the politicians who has fallen victim to hate messages on the Internet. “Like about 80 percent of my female colleagues in Parliament, I have been the victim of insults and slander on several occasions. And sometimes death threats. It’s close to you.”

De Quattro filed criminal charges in each case. However, the perpetrators then put even more pressure on her and demanded that she withdraw the complaint. “Then you’re a victim of the threat, then it might be published in the media and then there’s pressure to withdraw the ad. That’s a bit brutal.”

De Quattro demands that death threats against national politicians should be prosecuted ex officio. That means that those affected no longer have to report it themselves. This would take some of the pressure off.

Switzerland too small for international handling

For law professor and lawyer Urs Saxer, such a legal article would be quite conceivable. But he doesn’t solve all the problems: “Switzerland is too small to single-handedly enforce regulations against large foreign technology companies.”

National Councilor Tamara Funiciello (SP/BE), who also campaigns against hate messages on the Internet, sees it this way: In the digital space, it is large international corporations that determine what is happening. Coordination at international level is needed here.

Lawyer Urs Saxer sees a possible way in a draft regulation of the European Union, which is in the works. The EU wants to oblige the tech companies to adopt rules and procedures to combat hate messages – nota bene, without restricting the freedom of expression of users too much.

Freedom of expression without hate speech

In principle, the same standards should apply online as offline: hate speech should be prohibited and violations should be punished.

However, Tamara Funiciello emphasizes that the problem of hate speech is not primarily a problem of the news platforms: “We have a problem with right-wing radical ideas. Violence is normalized and certain parties also lay the groundwork for this in order to legitimize this violence.”

In particular, politicians who expose themselves in public are bombarded with hate messages. For those affected, one thing is clear: Columbus’ egg has not yet been found – even if the EU were to introduce strict regulations.

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