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IRIS 2014-2:1/8 [CH] Appeal Court Fines Facebook User for Death Threat

According to media reports, on 25 November 2013, the Zürcher Obergericht (Zurich Appeal Court) imposed a fine, payable in 45 daily instalments, on a 23-year old man who had threatened to take revenge against his 290 Facebook friends because none of them had wished him a happy birthday. The Appeal Court ordered the Facebook user to pay 45 daily instalments of CHF 10 for attempting to cause fear and alarm among the general public. Under the relevant Article 258 of the Schweizerisches Strafgesetzbuch (Swiss Criminal Code - StGB), any person who causes fear and alarm among the general public by threatening...

IRIS 2014-2:1/7 [CH] Federal Court Orders SRG to Broadcast Advertising Spots Critical of SRG

Swiss public service broadcaster Schweizerische Radio- und Fernsehgesellschaft (SRG) must broadcast television advertising spots that criticise SRG after the Bundesgericht (Federal Court) upheld a complaint by the Verein gegen Tierfabriken (VgT) that the broadcaster had refused to show such a spot. In 2011, SRG subsidiary publisuisse SA had only authorised the first version of a spot produced by the VgT. It lasted seven seconds and showed the organisation’s logo and Internet address, along with the text “www.VgT.ch - was andere Medien totschweigen” (“www.VgT.ch - hushed up by other media”), which...

IRIS 2014-2:1/1 European Court of Human Rights: Perinçek v. Switzerland

On 17 December 2013, the European Court of Human Rights ruled by five votes to two, that Switzerland violated the right to freedom of expression by convicting Doğu Perinçek, chairman of the Turkish Workers’ Party, of publicly denying the existence of the genocide against the Armenian people. On several occasions, Perinçek had described the Armenian genocide as “an international lie”. The Swiss Courts found Perinçek guilty of racial discrimination within the meaning of Article 261bis of the Swiss Criminal Code. This Article punishes inter alia the denial, gross minimisation or attempt at justification...

IRIS 2014-1:1/13 [CH] More Freedom for SSR’s Internet Offer

The Federal Council (the Swiss government) has modified, with effect from 1 June 2013, the concession granted to the Swiss radio and television broadcasting company (SSR) to allow it to develop its activities on the Internet. The measure was adopted after negotiations between SSR and newspaper editors with a view to concluding a collaboration agreement in the field of Internet (see IRIS 2012-9/13) had broken down. The Federal Council then maintained the principle of not allowing SSR to use advertising or sponsoring on its Internet sites, and expressed its intention to allow the public-service broadcaster...

IRIS 2014-1:1/12 [CH] New Agreement on Cinematographic Coproduction with Luxembourg

As part of the bilateral discussions held during the 64th Cannes Festival, Switzerland and Luxembourg signed a new agreement on cinematographic coproduction on 15 May 2011. The agreement, which entered into force on 1 August 2013, provides an official framework for audiovisual projects involving Swiss and Luxembourgish partners. It also aims to encourage economic and cultural exchanges between the two countries. The agreement is in addition to the treaties concluded by Switzerland with France, Germany, Austria, Italy, Belgium and Canada to promote the production of audiovisual projects...