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The small chamber took its decision with 23 votes in favor and 18 against, with no abstentions. In doing so, she followed a strong minority of her Committee for Legal Affairs (RK-S). The National Council had already adopted the initiative in December 2022. The Legal Committee of the National Council can now prepare a template.
Content can hardly be deleted
Suter justified her initiative by systematically insulting, threatening, denouncing or harassing people through digital communication channels in recent years. The perpetrators can remain anonymous, the content is available 24 hours a day and can hardly be deleted.
The pressure on those attacked is very high, according to Suter. And current criminal law, which is designed for individual actions, does not do justice to the fact that it often involves a large number of actions and behaviors.
The majority of the provisional advisory committee of the Council of States saw no need for further criminal law provisions. In the discussion about the revision of sexual criminal law, the suggestion to include an article against cyberbullying could not prevail. In addition, the Legal Committee of the National Council is currently working on a proposal on stalking.
Criminal offenses exist
There are already criminal offenses that can be used to prosecute cyberbullying, including coercion or threats, says committee spokesperson Beat Rieder (Centre/US). Rather, the problem lies in the fact that prosecutors must have the resources to actually punish such acts.
However, the minority of the Commission of the Council of States believed that the problem needed to be addressed urgently. Outstanding questions about how exactly the Criminal Code should be amended can be answered in a second phase.
Daniel Jositsch (SP/ZH) said on behalf of the minority that technical developments have given a new dimension to defamation or threats. Traditional criminal offenses involve minor crimes. This will not solve the problem. (SDA)
Source:Blick
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