Defamation and Honour Violation in Swiss Law

Defamation (art. 173 CP)

Accusing a person or casting suspicion of dishonourable conduct or other facts capable of harming their reputation, communicated to a third party. Monetary penalty up to 180 daily units. Requires: factual allegation harming honour, communication to a third party, honour-damaging character.

Truth Defence (art. 173 ch. 2-3 CP)

No penalty if proving allegations are true (truth defence) or that there were serious reasons to believe them true in good faith (good faith defence). Not available if the accused acted without legitimate interest or primarily to disparage (art. 173 ch. 4 CP).

Slander (art. 174 CP)

Aggravated defamation: the perpetrator knows their allegations are false. Up to three years or monetary penalty. No truth defence available.

Insult (art. 177 CP)

Subsidiary offence covering honour attacks not qualifying as defamation or slander: insults, obscene gestures, etc.

Prosecution

Upon complaint (art. 178 CP). Three-month deadline from knowledge of the perpetrator (art. 31 CP).

Civil Remedies (art. 28 CC)

Prevention, cessation, declaration actions. Damages (art. 41 CO) and moral compensation (art. 49 CO). Right of reply for media publications (art. 28g-28l CC).

Online and Social Media

Same rules apply. Defamatory online publications are punishable. Public character and reach may be aggravating factors.