Hate speech and the law: what you need to know

The first two parts of this mini-series dealt with what hate speech is on the internet and in social media and what parents of affected children can do. Finally,lawyer Martin Steiger explains the most important legal terms.

I see that parents primarily rely on criminal law to protect their child," says Martin Steiger, a lawyer specialising in digital law. «Criminal law covers offences of opinion such as verbal abuse, defamation or slander and discriminatory statements based on skin colour, origin, religion or sexual orientation. Threats, coercion and blackmail are also punishable offences in connection with hate speech. In such cases, criminal charges can be filed so that the public prosecutor's office can conduct criminal proceedings with the support of the police.»
What are the consequences for the perpetrator? "The aim of criminal proceedings is to punish the accused. In juvenile criminal law, the consequences are often a reprimand or a personal service, for example in a social centre. Fines or even imprisonment are rare. In juvenile criminal law, the focus is on the educational effect, which works very well in many cases.
The other option, which is often forgotten, is civil law: here, the person concerned or their legal guardians must bring an action. In most cases, the aim is to oblige a person to do or refrain from doing something, under threat of punishment. If successful, for example, intimate images must be deleted from the internet or a person is prohibited from spreading false allegations. Civil law is often the more powerful instrument for effectively preventing hate speech."
Legal action has cost consequences. Martin Steiger: «For financial reasons alone, you should always consider non-legal steps first. However, legal action may be necessary immediately in situations where there is a great deal of personal stress or a significant potential threat. A lawsuit or criminal complaint can be withdrawn at any time if another solution can be found.»
Does this mean that we should run to the police every time we hear a harsh word? No, that would be wrong. But we parents should look over our children's shoulders and be attentive. A trip to the police station doesn't necessarily have to lead to a report being made; police officers are often able to judge what the next steps should be. And who knows, maybe a word of warning from a police officer in front of the school class is enough - it makes an impression.
On Medienstark you will find tips and interactive learning modules for the competent use of digital media in everyday family life. swisscom.ch/medienstark