Referendum propaganda of Swiss right-wing populist party SVP "Kosovars slit Swiss!": Criminal convictions for racial discrimination confirmed by the Federal Supreme Court

By Land Law

For racial discrimination is guilty who publicly incites hatred or discrimination against a person or a group of persons on the grounds of their race, ethnic originor religion (article 261, paragraph 1 of the Swiss Criminal Code [SCC/StGB]) or who publicly  denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin or religion in a manner that violates human dignity (article 261bis paragraph 4, first part of sentence of the Swiss Criminal Code [SCC/StGB]).


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Google Switzerland GmbH and Facebook Switzerland Sàrl successfully defend againts Swiss law enforcement authorities' orders to submit user data

By Land Law

Swiss affiliates of Facebook (“Facebook Switzerland”) and Google (“Google Switzerland”) and the managing directors of these affiliates cannot be ordered by the Swiss law enforcement authorities to submit information or data related to accounts presumably subscribed in Switzerland, if these Swiss affiliates are neither in possession nor in control of such data. Under such circumstances, subscriber information or data must be collected by ways of international legal assistance in criminal matters from Facebook’s or Google’s national group companies which are in possession and/or control of such information or data.
The Swiss Federal Supreme Court therefore set aside the judgments under appeal by Facebook Switzerland and Google Switzerland and its managing directors.

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