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Internet reviews are indispensable these days. In addition to positive or neutral reviews, you often come across bad reviews, some with statements relevant to criminal law. What can you do about bad reviews? We give you an overview of the legal situation in Switzerland.
In the first step, most of those affected try to contact the platform provider on whose platform the bad review was published. Depending on the situation, this can be a difficult undertaking. If the platform operator points out that you have to clarify the matter with the reviewer, the problem often arises that you don't know who wrote the review. However, there are options to take action against the platform operator itself, although this can often be difficult if they are based abroad.
This article is limited to the situation in which you know who wrote the review. If the person refuses to adjust or delete the review, legal action can be taken to remedy the situation. It is possible to take civil or criminal action, and both can also be combined.
civil right
Depending on the content of the review, the personality of the person being reviewed may be violated. In the event of unlawful violations of personality, the person affected can take legal action against anyone who contributes to the violation, Article 28 Paragraph 1 of the Civil Code . An infringement is unlawful if it is not justified by the consent of the injured party, by an overriding private or public interest or by law, Article 28 Paragraph 2 of the Civil Code . Whether there is justification based on an overriding interest is a question of consideration in which there is a certain amount of leeway. The options for taking legal action are set out in Article 28a of the Civil Code .
A review can not only be offensive to your personality, but also unfair. Art. 9 UWG regulates the right to sue for anyone who is threatened or injured by unfair competition in their customers, their credit or professional reputation, in their business operations or otherwise in their economic interests. According to Article 3 Para. 1 lit. According to Art. 9 Para. 3 UWG, the person affected can sue for damages, satisfaction and the return of profits in accordance with the OR.
Criminal law
Depending on the content of the review, defamation offenses under Art. 173 ff. StGB come into consideration. These protect the honor or the reputation of being an honorable person. As a rule, only the human and moral area is protected, not social or social honor. Exceptions apply if the statements also concern the human and moral area of honor. This can be the case, for example, if a managing director is accused of criminal acts.
Unfair actions (see above) are also punishable. Upon application, anyone who intentionally commits unfair competition is liable to prosecution, Article 23 Para. 1 UWG .
If you have any questions or need support, please feel free to contact us.
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Note: This article was published on our blog by the independent law firm “ Martin Rechtsanwälte GmbH ”.
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