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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.

Published: 3 June 2019 10:27 CEST
Updated: 18 December 2021 08:51 CET
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

‘Your permit is invalid’: How scammers in Switzerland target foreigners

Scores of foreign residents have received an email recently telling them their residency rights in Switzerland have been revoked.

Published: 26 April 2024 11:17 CEST
'Your permit is invalid': How scammers in Switzerland target foreigners

A number of foreign nationals, especially in the German-speaking part of the country, have received an official-looking letter, purportedly from the State Secretariat for Migration (SEM) informing them that the Free Movement of People agreement between Switzerland and the EU has been nullified, and therefore “your residence permit is no longer valid.”

Faced with enquiries from concerned recipients, SEM responded that the letter is fake, advising recipients to ignore it and, above all, not to click on the QR code on the top.

“Fake letters from the SEM have been circulating since the beginning of this week,” the immigration authority said on its website as well as on X (formerly Twitter).  

“The letter has no impact on the recipient’s  residence status,” SEM added.

Fake jobs, real threats

However, this is only the latest scam perpetrated in the name of SEM.

There have been others in the past.

For instance, many foreigners have also received emails from addresses swissimmigration@consultant or eu_immigration@consultant, that pretend to be the Swiss immigration authority.

“In most cases, a fictitious job in the hotel industry is offered, with the senders demanding payment of 300 to 1,000 euros for a permit in Switzerland and for health and accident insurance,” SEM reported.

The first clue that this email doesn’t come from  SEM, which is part of Switzerland’s government, is that it is asking for payment in euros. If the scammers were smarter, they’d demand Swiss francs.

“These e-mails do not come from the SEM and should be considered as an attempt at fraud,” the agency said. 

Extortion attempt

And a few years ago, a number of foreigners received emails coming allegedly from SEM, Swiss border control authorities, or even the Federal Office of Police (Fedpol).

They threatened to revoke the victim’s residence permit or even expel them from the country altogether if they didn’t pay a certain sum of money into an anonymous account.

Needless to say, no government authority would ever resort to blackmail or demand payment for such ‘services’.

So a good rule to remember (for foreigners and Swiss alike) is that if threats and pressure are involved, letters / emails / phone calls ( WhatsUp messages are more than likely scams.
 
READ ALSO: The common scams foreigners in Switzerland need to be aware of 

Don’t respond

SEM as well as police urge everyone contacted by scammers, by whatever means to:

  • Ignore these messages by hanging up the phone and / or deleting emails, moving them to the Spam folder
  • Never give out your credit card number or bank account information to people you don’t know
  • If you did give your card number, contact your credit card company immediately to have the card blocked. Likewise, if you gave out your banking details, get in touch with your bank.
  • In the event of threats of extortion attempts, consider filing a criminal complaint. You can search for police stations in your area on the Police website. 
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