Berlin. Sharing and liking can become criminally relevant. Anyone who marks or “shares” something on Facebook as “I like” can become a case for the courts if the post is classified as “defamatory”. At least once in Switzerland. The Swiss television reported on its online portal Srf.ch already in mid-December. Basically, the following applies: For defamation you can not only hold the author of such a post accountable, but also Facebook users who have distributed it.
The local federal court had previously passed a leading ruling on sharing defamatory posts on Facebook. The court judged the platform of the multibillionaire Mark Zuckerberg for the first time as a “medium” – which means changes for users with regard to the so-called media privilege.
The latter applies loudly Srf.ch so far in traditional media. According to this, only the author of a criminal statement may be punished, i.e. the author. On the other hand, the kiosk seller or the newspaper deliverer who distribute the title are not punished.
Now, however, the highest court of the Swiss Confederation has ruled in a proceeding for statements against a Swiss animal rights activist that the media privilege cannot be used here. A third person had shared an article on an Internet platform on Facebook that made serious allegations against the animal rights activist. However, the classification of Facebook as a »medium« is likely to shake things up legally, according to observers. And it is fresh food for lawyers, because that would mean that the media privilege would also apply to the platform. (JW)
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