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CRIME

Swiss law: What you need to know about cyberbullying

Cyberbullying is a growing problem in Switzerland. Here Geneva-based lawyer Renuka Cavadini looks at how to deal with this issue and what you can do to help prevent it happening.

Swiss law: What you need to know about cyberbullying
Cyberbullying general involves children and teenagers. File photo: AFP

All children experience mean behaviour from other kids at one point or another – in the classroom or in the playground. But bullying on social media is another story. You can’t get a break from the mean remarks, because they continue – even at home – on your smartphone. 

What does cyberbullying entail?

Cyberbullying (known as ‘cybermobbing in German and French) is the act of several people acting together to deliberately insult, tease, humiliate, harass or even blackmail one or more victims.

Although it generally involves children and teenagers, it can affect anyone.

Read also: Cybercrime in Switzerland – an ultimate survivors guide

This form of bullying takes place through digital applications or social media and can involve spreading false information, rumours and falsified images or even pornographic pictures. In some cases, fake and demeaning personal profiles of victims are set up.

To make matters worse, this information can be permanently stored online, affecting children later in life when they apply for educational courses or jobs.

Criminal offence(s) under Swiss law

There is no specific provision under Swiss penal law for cyberbullying. However, it can fall under the scope of various provisions of the Swiss penal code including: Article 143 (undue access to a data processing system); Article 144 (damage to data); Article 156 (extortion), Articles 173-174 (offence against personal honour and defamation); Article 179 (breach of secrecy or privacy through the use of an image-carrying device); Article 179 (obtaining personal data without authorization), and Articles 180-181 (threatening behaviour and coercion.

While insults and defamation are only prosecuted in case of a criminal complaint, offences such as threats, extortion and blackmail are prosecuted even in the absence of any complaint – once the authorities become aware of them.

How to handle the situation

Make your children aware of the risks related to images posted on social media and applications. There is a guide for children 12 and over (in French and German) called “My little safebook“.

Be available for your children to speak about their situation at school. Be aware of changes in behaviour which may be related to bullying in school.

If your child is already being bullied – collect the evidence with print screens, and speak with your child’s teacher or with the school’s social services team.

If the bullying does not immediately stop after contact has been made with the bullies and their parents and guardians, seek help from victim support services or from youth welfare services to determine what action you should take next. This may include filing a criminal complaint.

In addition, contact internet service providers and site administrators to request that offensive content be deleted.

Tips for avoiding cyberbullying

Zurich Police recommend the following ways to reduce the risk of becoming a victim of cyberbullying.

1. Protect your social media and email accounts with secure passwords and don’t share these passwords with anyone.
2. Don’t share sensitive private data and images online.
3. Only accept real friends as friends online.
4. Set your privacy settings at a high level on social media and check these settings regularly to ensure you are only sharing information with people you actually want to share with.
5. Only post images and videos that won’t cause you problems in future. Bear in mind that these images and videos could be seen by teachers and potential employers years from now.
6. Never engage in sexting. Images shared could be used for extortion or be made public.

This article was co-written by Renuka Cavadini, an attorney with Page & Partners in Geneva. 

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CRIME

Why are thefts increasing in Switzerland?

Newly published figures show that the number of thefts in Switzerland has substantially increased in 2023. What’s driving this surge?

Why are thefts increasing in Switzerland?

As reported earlier this week by The Local, new figures from the Federal Statistics Office show that Switzerland experienced an overall fourteen percent increase in crimes committed in 2023. 

Theft is one crime that demonstrated an exceptionally sharp rise—thefts of goods from cars, for example, have risen by seventy-one percent. 

However, before worrying about a crime wave, it’s essential to consider the role that two closely related factors may play in these figures. 

The pandemic effect

In the years since the easing of lockdown restrictions, research institutions worldwide have been examining its effects on almost every facet of society, with crime no exception.

A 2021 study by the University of Cambridge and the University of Utrecht found that urban crime levels dropped by a third during lockdowns, including in Switzerland. 

Like many other European nations, Switzerland’s pandemic response continued into mid-2022, when the last measures were ended. The country’s mountainous geography also made enforcing travel restrictions easier than in many other countries. 

What is reflected in the new numbers is the return of ‘crime tourists’, criminal gangs from other countries such as Romania and Albania, who may see relatively affluent Switzerland and the frequent cross-border traffic as fruitful pickings.

As criminologist Dirk Baier told news portal Swissinfo.ch: “Switzerland is attractive. That means we have criminal tourists who come here from abroad just for this purpose.

“There is something to be gained here, there is wealth here and there is a somewhat inattentive population that, for example, does not lock its cars or sometimes leaves its apartment doors open.”

Baier also suggested that the relative ease that with which thefts can be committed plays a role:

“Certain crimes were discovered (…) that are easy to carry out, such as ‘sneak-in thefts’, opening the car door somewhere and taking something out.

“You can see that individual perpetrators can really commit such crimes on a large scale.”

Cost of living woes

While some have noted that the rising cost of living was not felt as keenly in Switzerland as the pandemic ended, the situation changed somewhat in 2023. 

The ‘Pulse of Switzerland‘ study, published by Deloitte Consulting in early 2024, revealed that sixty percent of Swiss had cut back their spending and were eating out less, resulting in flow-on effects across several retail and hospitality sectors. 

While the spike in unemployment caused by the pandemic was primarily reversed, the persistence of global inflation resulted in Swiss unemployment rising in early 2024. 

It rose to two point four percent in February, with a projected rate of two point five percent in early 2025. 

Traditionally, there is a strong association between inflation, unemployment, and crime. As the demand for cheaper stolen goods increases—particularly for electronics, jewellery, and handbags—so does the incentive for theft.

Again, it’s not unexpected that crime rates—particularly theft rates —would increase as inflation continues to worry consumers.  

Still a safe place to be

The ‘perfect’ storm of a global pandemic shutting down society’s normal functioning for several months and the ensuing surge in inflation caused by the disruption have resulted in crime figures that may ring alarm bells. 

However, it’s important to note that by almost all metrics, Switzerland remains one of the safest places to live in the world. 

It maintains a place in Europe’s top ten safest countries, as identified by the Global Peace Index

According to the Better Life Index, it is also a place where 86 percent of the population feels safe walking at night.

With a bit of attention paid to securing your valuables and not leaving them unattended in vehicles, you have no need to worry.

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