We are not responsible for what people may post on our own social media news feeds.
That’s a ruling from the Federal Court.
Judges were hearing a test case involving a former member of the Swiss Peoples Party, Yvan Perrin.
He posted a comment about Muslims in 2019. That particular comment was not deemed illegal. But it attracted several offensive comments from readers.
Prosecutors in canton Neuchatel argued that it was Perrin’s responsibility to delete the comments as they were on his news feed. Perrin claims he was unaware of the racist posts.
The Federal Court, upholding rulings from two lower courts, rejected the argument.
The judges say it would be possible to take action if known posts were left available – but social media users are not obliged to monitor all reactions.
The court said that would be an unreasonable and permanent duty of care.
Perrin welcomed the ruling – calling it a victory for free speech.
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