Under Swiss law, protection of privacy entails both civil and criminal law mechanisms to protect a person’s honour, reputation and integrity from unlawful attacks. The case involving the Swiss People’s Party (SVP) in Lucerne and former party member Yves Holenweger¹ illustrates how media reports can be legally relevant and what options those affected have to protect themselves.

Civil law protection of personality rights

Civil law provides comprehensive protection of personality rights in accordance with Art. 28 et seq. of the Swiss Civil Code. This protection covers physical and psychological aspects, as well as honour, privacy and economic reputation.

• A violation is considered unlawful if it is not justified by consent, higher interests or the law.
• Those affected may demand that the violation be stopped, remedied or determined by a court.
• Claims for damages, compensation or counterstatements are also often available, especially in the case of media publications.

In the case of media-effective criticism, as in the present case, the person concerned can, for example, demand a counterstatement or take legal action to prevent and remove a defamatory statement.

Criminal law protection of personal rights

Criminal law applies in cases of particularly serious violations of personal rights, such as defamation, slander or verbal abuse.

• Defamation (Art. 173 SCC): Anyone who accuses another person of dishonourable or reprehensible behaviour to third parties may be prosecuted if the statement is not proven or justified. A criminal offence is therefore committed when someone spreads false information about another person that damages their reputation. In such cases, the public prosecutor’s office may issue a penalty order, as was done in the case mentioned above.
• Willful Defamation (Art. 174 SCC): Anyone who, against their better judgement, accuses or suspects someone of dishonourable behaviour or spreads such accusations may be prosecuted if these accusations damage the person’s reputation. The deliberate dissemination of false facts that cast a person in a bad light is therefore punishable by law. This offence is more serious and can lead to higher penalties.
• Criminal prosecution protects the right to honour and reputation and also includes protection against damage to reputation in public and media reporting.
• Negligent or deliberate false statements are punishable by fines or even imprisonment.

Here too, the person affected can initiate civil proceedings in parallel in order to additionally mitigate the consequences of a criminal offence under civil law.

Effective protection of privacy: Legal action and recommended measures in cases of defamation, damage to reputation and media coverage

The example of the defamatory press release signed by Dieter Haller, then president of the Lucerne City SVP, and Timo Lichtsteiner, then and now vice-president, illustrates how personality rights protection works.

• Those affected by defamatory statements or media reports should promptly check whether there is a justifiable reason and, if not, consider seeking legal assistance for civil and criminal proceedings.
• Particularly in the case of political criticism or public reporting, it is essential to carefully weigh up the interests involved (freedom of expression vs. protection of personality rights) – courts often weigh up the public interest against the rights of the individual.

The Holenweger affair shows how personal attacks can quickly turn into a legal dispute over honour and personality rights. A specialised law firm offers competent support in dealing with such complex cases and ensures that the rights and interests of those affected are protected in an objective and efficient manner.

Find out more about the protection of personality rights in civil and criminal law here.

1. https://www.luzernerzeitung.ch/zentralschweiz/stadt-region-luzern/artikel-ld.4016595 last visited on 23 September, 2025. ↩︎