Handling Online Harassment and Cyberbullying

In Switzerland, online harassment is taken seriously by the legal system. Swiss law provides multiple avenues for victims to seek justice and protection. This guide will help you understand what constitutes online harassment, how to protect yourself, and what concrete steps to take if you or someone you know is being targeted.

What is Online Harassment and Cyberbullying?

Online harassment refers to threatening, intimidating, or abusive behavior directed at individuals through internet platforms. Cyberbullying specifically refers to repeated, intentional harassment — usually targeting young people — through digital channels.

Common Forms

• Direct harassment: Sending threatening, abusive, or degrading messages via social media, email, or messaging apps
• Doxxing: Publicly sharing someone's private information (address, phone number, workplace) with intent to harm
• Deepfake abuse (NEW): Creating AI-generated fake nude images or videos of a real person without their consent
• Non-consensual intimate images (revenge porn): Sharing intimate images or videos without the depicted person's consent
• Impersonation: Creating fake profiles to impersonate and defame someone
• Rumors and defamation: Spreading false information to damage someone's reputation
• Sextortion: Threats to release intimate images unless the victim pays money or provides more explicit content
• Exclusion and isolation: Deliberately isolating someone from online communities or group chats
• Cyberstalking: Persistent, unwanted contact or monitoring of someone's online activities

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Swiss Legal Framework Against Online Harassment

Switzerland has several laws that protect victims of online harassment and cyberbullying:

Criminal Law Protections

1. Defamation (Art. 173 Swiss Criminal Code / StGB): Publicly making or spreading false statements that damage someone's reputation. Punishable by up to 3 years' imprisonment.
2. Calumny (Art. 174 StGB): Publicly accusing someone of dishonorable conduct or other facts that damage their reputation, knowing the claims to be false. Punishable by up to 3 years' imprisonment.
3. Insult (Art. 177 StGB): Attacking someone's honor through words, writing, images, or gestures. Punishable by fine.
4. Threats (Art. 180 StGB): Threatening to commit a serious crime against someone. Punishable by up to 5 years' imprisonment.
5. Coercion (Art. 181 StGB): Coercing someone to do or not do something through threats or violence. Punishable by up to 3 years' imprisonment.
6. Unauthorized Recording (Art. 179quater StGB): Secretly photographing or filming someone in a private setting. Punishable by up to 3 years' imprisonment.
7. Non-Consensual Intimate Images: Sharing intimate images without consent. Swiss courts have applied various criminal provisions to these cases, and cantonal laws may offer additional protections.
8. Stalking/Cyberstalking: Persistent harassment that causes the victim fear or distress. While Switzerland does not yet have a specific anti-stalking law, cyberstalking can be prosecuted under threats (Art. 180) and coercion (Art. 181).

Civil Law Protections

• Personality Rights Protection: Under Art. 28 of the Swiss Civil Code (ZGB), any person whose personal rights are unlawfully infringed may request the court to prohibit the infringement, order the removal of content, and award damages.
• Provisional Measures: Courts can issue urgent protective orders (provisional measures) to stop ongoing harassment while the case is being decided.

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Immediate Steps if You Are Being Harassed

1. Take It Seriously

Online harassment is not something you should ignore or 'just deal with.' You have the right to be treated with respect and dignity. Recognize that the situation is real and that help is available.

2. Document Everything

• Take screenshots of ALL abusive messages, posts, and interactions. Include timestamps, usernames, and URLs.
• Save the screenshots in a secure location (e.g., a cloud drive or external hard drive).
• If possible, save the pages using the Wayback Machine (web.archive.org) to create an independent record.
• Keep a written log of incidents including dates, times, platforms, and a description of what happened.

3. Block and Report

Use the built-in blocking and reporting tools on each platform:

• Facebook/Instagram: Settings > Privacy > Blocked Accounts. Report content via the three dots menu on any post or message.
• X (formerly Twitter): Click the three dots on any post > Report post. Block users from their profile.
• TikTok: Click the three dots on any post > Report. Block users from their profile.
• Discord: Right-click a user or message > Report. Block users from their profile.
• LinkedIn: Click the three dots on a post > Report. Block users from their profile page.

4. Secure Your Accounts

• Change passwords on all your accounts immediately.
• Enable two-factor authentication (2FA) on every account.
• Review and tighten privacy settings on all platforms.
• Check if your email/passwords have been compromised at haveibeenpwned.com.

5. Seek Support

You do not have to face this alone. Reach out to:

• Personal network: Tell trusted friends, family members, or colleagues about the situation.
• Pro Juventute (Switzerland): Call 147 If you are a child or teenager in Switzerland, call 147 (free, 24/7). Pro Juventute provides counseling for cyberbullying and online threats.
• Swiss Police: If the harassment is criminal (threats, stalking, intimate image abuse), file a report with your cantonal police. Many Swiss cantonal police departments have cybercrime units.
• The Cybersmile Foundation: A non-profit providing support for victims of all forms of digital abuse. Website: cybersmile.org
• Victim Support (Opferhilfe): Swiss victim support services are available in every canton. Find your local service at opferhilfe-schweiz.ch
• Mental health support: Consider speaking with a mental health professional, especially if the harassment is affecting your daily life, sleep, or well-being.

6. Consider Legal Action

If the harassment is severe, persistent, or criminal in nature:

• File a criminal complaint: File a criminal complaint (Strafanzeige) with your cantonal police. You can do this in person at any police station.
• Consult a lawyer: Consult a lawyer specializing in media law, personality rights, or cybercrime. The Swiss Bar Association (sav-fsa.ch) can help you find one.
• Request provisional measures: In urgent cases, your lawyer can request provisional measures (superprovisorische Massnahmen) from the court to order immediate removal of content.
• Civil lawsuit: Under Art. 28 ZGB, you can file a civil lawsuit for personality rights infringement, seeking removal of content, injunction, and damages.

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Dealing with Specific Types of Harassment

Deepfake Abuse (AI-Generated Content)

Deepfake technology uses AI to create realistic fake images or videos, often placing a victim's face on explicit content. If you are a victim:

1. Save screenshots and URLs of the deepfake content as evidence.
2. Report the content to the platform where it appears. Most platforms prohibit AI-generated intimate imagery.
3. File a criminal complaint with your cantonal police. Deepfakes can be prosecuted under multiple provisions including Art. 173 (defamation), Art. 179quater (unauthorized recording), and Art. 197 (pornography) of the Swiss Criminal Code.
4. Request removal from search engines (Google, Bing) using their dedicated forms for non-consensual intimate images. Google specifically accepts reports of AI-generated non-consensual intimate imagery.
5. Contact organizations like the Cyber Civil Rights Initiative (cybercivilrights.org) for specialized support.

Sextortion

Sextortion involves threats to share intimate images unless the victim pays money or provides more content. If you are targeted:

1. Do NOT pay or comply with demands. Paying almost never stops the extortion.
2. Do NOT delete the messages — they are evidence.
3. Block the person on all platforms.
4. Report to your cantonal police immediately. Sextortion is a criminal offense (extortion, Art. 156 StGB).
5. Report the account on the platform where the contact occurred.
6. If intimate images have been shared, follow the steps for non-consensual intimate image removal (report to platforms and search engines).

Non-Consensual Intimate Images (Revenge Porn)

If intimate images of you have been shared without your consent:

1. Document everything (screenshots, URLs, timestamps).
2. Report to the platform immediately. All major platforms have dedicated reporting mechanisms for intimate image abuse.
3. Request removal from Google: Use the 'Report non-consensual explicit images' form at support.google.com.
4. Request removal from Bing: Use the 'Report a concern' form at microsoft.com/en-us/concern/bing.
5. File a criminal complaint with your cantonal police.
6. Contact StopNCII.org — a free tool by the Revenge Porn Helpline that creates a digital fingerprint of your images and sends it to participating platforms to automatically detect and remove them.

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Protecting Children and Teenagers

Children and teenagers are particularly vulnerable to cyberbullying. If a young person is being harassed:

• Listen and support: Listen without judgment and reassure them that it is not their fault.
• Document: Save evidence of the bullying (screenshots, messages).
• Report: Report the bullying to the platform and, if appropriate, to the school.
• Pro Juventute: Call Pro Juventute at 147 (free, confidential, 24/7) for professional support and advice.
• Police: Consider involving law enforcement if the bullying involves threats, explicit content, or stalking.
• Professional help: Consider professional counseling to help the young person process the experience.

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Tools and Resources

Reporting and Support Organizations

• Pro Juventute: Free helpline for children and teenagers in Switzerland: 147
• Opferhilfe (Victim Support): Swiss victim support services: opferhilfe-schweiz.ch
• The Cybersmile Foundation: Non-profit organization tackling digital abuse: cybersmile.org
• StopNCII.org: Creates digital fingerprints to automatically detect and remove intimate images: stopncii.org
• StopBullying.gov: U.S. government resource on bullying prevention: stopbullying.gov
• NCSC: Swiss National Cybersecurity Centre for reporting cyber incidents: ncsc.admin.ch

Evidence Preservation Tools

• Screenshots: Built-in screenshot tools on your device (Print Screen on Windows, Cmd+Shift+4 on Mac)
• Wayback Machine: Use web.archive.org to save web pages as permanent evidence
• Hash Calculator: Hash Calculator tools to create digital fingerprints of evidence files (proves they haven't been altered)

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Prevention and Digital Responsibility

• Review and tighten your privacy settings on all platforms regularly.
• Be selective about who you accept as connections or followers.
• Think before you post — consider how content might be used against you.
• Educate yourself and your family about online safety and digital citizenship.
• Promote empathy, kindness, and respect in all online interactions.
• Support campaigns and organizations working to combat online harassment.

Remember: you are not alone. Online harassment and cyberbullying are recognized problems, and there are people and systems in place to help you. By documenting evidence, reporting to platforms and authorities, and seeking support, you can take meaningful steps to protect yourself and hold harassers accountable.