The Swiss criminal law code punishes insult, defamation and slander, which are treated as three different offences. For anyone to be charged with one of these offences, a formal complaint must be lodged by the victim.
Generally, to prove defamation, you must show that a false statement was made, about you, to third parties, and which caused you damage. Once you have evaluated your case, and determined that you can satisfy these elements, you can then proceed with pursuing your matter.
Sanctions involve imprisonment ranging from three (3) months to five (5) years, plus a fine. To obtain an interim injunction, the claimant has to persuade the court that on the balance of probabilities, the statement is false, defamatory or relates to his private life.
Address It Directly: If appropriate, consider confronting the person spreading the slander. Approach them calmly and express how their words have affected you. Sometimes, a direct conversation can resolve misunderstandings. Seek Support: Talk to trusted friends, family, or colleagues about the situation.
If you think someone committed defamation (libel) against you by posting something online or on social media, before you rush to court and file a lawsuit, you might start by sending a demand letter to them (or to their lawyer). This letter is an opportunity for you to: describe the statement, including why it's false.
In the context of modern human rights law, defamation can be understood in terms of the Article 17 of the ICCPR, specifically the protection against “unlawful attacks” on a person's “honour and reputation”. Defamation, libel and slander laws provide recourse where false statements cause harm to a person's reputation.
A person who wishes to take legal action for defamation must be able to prove that they have suffered, or could suffer, 'serious harm'. If a corporation is suing for defamation, it needs to prove that it has suffered 'serious financial loss' as a result of the publication of the allegedly defamatory matter.
What does Libel mean? A defamatory statement made or conveyed in some permanent form and relating to someone other than the person to whom it relates.
Slander can be hard to prove, as the complainant must show the slanderer was driven by malice and knew their claims were false. Slander is different from libel, which are false statements made through print or broadcast.
In many cases, the harassment remains verbal. However, as long as the victim faces disruption to their ability to work safely, any action could fall under the category of harassment. Needless to say, rumors and slander attack the reputation of an individual and can make it difficult or even impossible to work safely.