Executive Summary
The Legal Affairs Committee of the National Council opened a consultation on May 27, 2026 regarding amendments to the Criminal Code. The proposal aims to create a new criminal offense against cyberbullying. The goal is to strengthen the criminal law toolkit against bullying and cyberbullying as well as improved protection for affected persons. The consultation period ends on September 17, 2026. The Federal Chancellery is leading the process.
Persons
- Legal Affairs Committee of the National Council (parliamentary body)
Topics
- Criminal Law
- Cyberbullying
- Consultation Procedure
- Digital Security
Clarus Lead
Switzerland is responding to growing digital violence through legislative measures. A new criminal offense against cyberbullying signals that Parliament prioritizes the protection of citizens from online attacks. The three-month consultation period allows cantons, associations, and the public to submit statements – a critical moment for shaping future legal practice in the digital sphere.
Detailed Summary
The proposal from the Legal Affairs Committee of the National Council addresses a regulatory gap in Swiss criminal law. While physical bullying is already covered under various offenses (insult, defamation, coercion), there is no specific criminal offense that adequately accounts for the special characteristics of cyberbullying – permanence, reach, and anonymity. The creation of a standalone offense is intended to close this gap.
The consultation period until September 17, 2026 allows all relevant stakeholders to provide feedback. This includes cantons, municipalities, professional associations, victim support organizations, and other interested parties. The statements received will be considered in the further legislative process and may lead to adjustments to the proposal.
Key Points
- New criminal law measure against cyberbullying under consultation
- Objective: Better protection of affected persons through specialized criminal offense
- Consultation period ends September 17, 2026
- Led by the Legal Affairs Committee of the National Council
Critical Questions
Evidence/Data Quality: What data supports the assumption that a new criminal offense is necessary? How frequent are cyberbullying cases in Switzerland, and how often do prosecutions fail due to missing criminal offenses?
Conflicts of Interest: Which stakeholders led the development of the proposal, and were victim support organizations and data protection associations included on an equal footing?
Causality/Alternatives: Could existing criminal law be clarified through case law instead of creating a new offense? Which countries have implemented similar measures, and what experiences are available?
Feasibility/Risks: How is evidence gathering handled in practice for cyberbullying cases? Is there a risk that a new offense could lead to abuse or over-regulation?
Definitions: How is cyberbullying precisely defined in the draft legislation to ensure distinction from satire, criticism, and legitimate online debate?
Enforcement: What resources will law enforcement authorities receive to investigate cyberbullying cases, particularly when perpetrators are anonymized?
Sources
Primary Source: Consultation Opening: Parliamentary Committees – New Criminal Offense for Cyberbullying – https://www.news.admin.ch/de/newnsb/mEoKAr7v_nb0uc8IIu03A
Verification Status: ✓ May 27, 2026
This text was created with the support of an AI model. Editorial responsibility: clarus.news | Fact-checking: May 27, 2026