Swiss court convicts man over 'defamatory' Facebook likes

 

A court in Switzerland has fined a man for "liking" comments deemed to be defamatory that were posted on Facebook.

 

The landmark case involved comments made about Erwin Kessler, the head of an animal protection group.

 

He was accused of being anti-Semitic and racist, media reports say.

 

Full story: http://www.bbc.com/news/world-europe-40097792

 

-- © Copyright BBC 2017-05-31

Before you jump up and down 3 words

 

anti-Semitic and racist

 

 

Not a good ruling and one that needs to be challenged. Someone reading a post, should not have to be able to prove the post was truthful, before liking it.

This could set a very dangerous precedent, and it would not surprise me at all for Prayuth and gang to be rubbing their hands together with glee this morning.

Being fined the equivalent of 140,000 baht is not really a small matter, especially just for liking a FB comment (OK, 6 of them).

 

And even though this is only a regional court finding, in Switzerland, it still opens the legal gateway for others around the world.

 

 

I predict they will find that ruling full of holes.

Man convicted over Facebook ‘likes’ in defamation case

 

In a landmark trial, a Swiss man has received a suspended sentence and a CHF4,000 ($4,000) fine in a defamation case which involved him “liking” Facebook posts that accused an animal rights activist of racism and anti-Semitism. 

 

On Monday, a Zurich district court found the 45-year-old defendant guilty of defamation. The Zurich man had accused Erwin Kessler, the president of the animal protection organisation “Verein gegen Tierfabrikenexternal link” and his association online of racism and anti-Semitism. 

 

The defendant had also liked six Facebook posts from other people that contained the inflammatory content, also commenting on and linking to several of the posts. 

 

Full story: https://www.swissinfo.ch/eng/society/man-convicted-over-facebook--likes--in-defamation-case/43218922

 

-- SWI Swissinfo 2017-05-31

Looks like a precedent for all of Europe, to go along with Germany's new "hate law" fines against Facebook.  All you Europeans had better learn to shut your mouths or pay, pay, pay.  

Not surprising coming out of Europe. 

And we still get numbskulls over there trying to convince Americans that they have more if not equal free speech there.

3 hours ago, tonray said:

I predict they will find that ruling full of holes.

As many as swiss cheese I think.

 

There is a new bit of mischief for the hackers of face book accounts to get up to. Find potentially illegal posts and press 'like'. The victim would probably be unaware until the authorities knock on their door.

so being a racist and anti-Semitic is against the law ? What about not liking terrorists, disliking the colour pink, not finding kittens cute, not wanting gypsies parking on your village green.

  And people often wonder aloud why certain Europeans allow their Governments to let in 800,000 so-called migrants in a single year.We'll

there's your answer; fear of being prosecuted if they don't bury their heads in the sand.

5 hours ago, Usernames said:

Looks like a precedent for all of Europe, to go along with Germany's new "hate law" fines against Facebook.  All you Europeans had better learn to shut your mouths or pay, pay, pay.  

Europeans can say what they like within the law,which does nor including racism,hate speech or be anti semitic.

You can say what you like,but don't promote or try to justify racism.

11 hours ago, Usernames said:

Looks like a precedent for all of Europe, to go along with Germany's new "hate law" fines against Facebook.  All you Europeans had better learn to shut your mouths or pay, pay, pay.  

 

These really are the thin end of the wedge.

 

How long before criticizing the EU, it's hierarchies, or various Chancellors and Presidents becomes actionable as an unacceptable incite or hate comment? And the "liking" will be punishable.

 

May seem far fetched by the lies being told by politicians are getting bolder and the consequences for being caught out less and less.

 

Take France for example. Two corrupt IMF directors One guilty off fraud, convicted, unpunished and still in the job. The other cleared of rape and sexual assault but convicted of illegal sex procurement. Then a Presidential candidate, under investigation for serious fraud involving tax payer's money. But still allowed to stand.

 

More than one German MP resigned when their cheating for their PhD thesis was exposed. British MPs jailed for fiddling expenses, and perverting the course of justice. 

 

The political cesspit is getting steamier.

5 hours ago, louse1953 said:

Europeans can say what they like within the law,which does nor including racism,hate speech or be anti semitic.

 

But who decides what is permitted under law?

Unbelievable.  I used to take Switzerland seriously.  I'm one of the most ardent anti neo-nazi/anti Jew-hater people alive, but laws and rulings like this show govts actually BECOMING the monsters they were trying to defeat.  And those supporting it show HOW such malignant governance gets started.

troubling; 'like' could be interpreted by some as approving of the content; to others it could be approving that the issue was brought to light ( as in 'informative')

On 5/31/2017 at 2:16 PM, soalbundy said:

so being a racist and anti-Semitic is against the law ? What about not liking terrorists, disliking the colour pink, not finding kittens cute, not wanting gypsies parking on your village green.

The interpretation of what constitutes racism or antisemitism etc. is very subjective and thus at the whims of whoever has the authority to interpret it. Disagreeing even in the slightest, with policies encouraging immigration for example is now considered "racist" in Europe. All sorts of labels can be applied to anyone who disagrees even marginally even by just clicking the "like" button on someone else's comment which is critical of whatever issue at hand. It's totalitarianism at it's finest. Even Stalin and people of his ilk would never have imagined it could get this bad in Europe. I wonder what will happen in 10-15 years time? Say a politician looks ugly and be thrown in a gulag? As you say, you dislike the color pink and therefore are considered to be a homophobe (since the color pink is associated with homosexuality)?

On 5/31/2017 at 7:18 AM, darksidedog said:

Not a good ruling and one that needs to be challenged. Someone reading a post, should not have to be able to prove the post was truthful, before liking it.

This could set a very dangerous precedent, and it would not surprise me at all for Prayuth and gang to be rubbing their hands together with glee this morning.

It makes no difference whether the post was truthful or not. Fining a person over "liking" a Facebook post is far too close to the Thai mode of defamation overkill. It is simply a war on free speech.

40 minutes ago, KhunFred said:

It is simply a war on free speech

This has been going on for long time already, better get used to it

On 5/31/2017 at 7:18 AM, darksidedog said:

Not a good ruling and one that needs to be challenged. Someone reading a post, should not have to be able to prove the post was truthful, before liking it.

This could set a very dangerous precedent, and it would not surprise me at all for Prayuth and gang to be rubbing their hands together with glee this morning.

Do not panic, not only dear P Prayut can not speak English or follow any news, doubtful he needs any encouragement from overseas.;)

1 hour ago, KhunFred said:

It makes no difference whether the post was truthful or not. Fining a person over "liking" a Facebook post is far too close to the Thai mode of defamation overkill. It is simply a war on free speech.

In Europe free speech is only applicable limited.

What if i clicked "like" but the angry face, does it make any difference?

18 minutes ago, hyku1147 said:

Does Switzerland have freedom of speech enshrined in Her constitution? The Court's ruling suggests otherwise.

Only limited free speech.

21 hours ago, BestB said:

Do not panic, not only dear P Prayut can not speak English or follow any news, doubtful he needs any encouragement from overseas.;)

Agreed. However, despite what some foreigners like to say, there is still more freedom of speech in Thailand than in Europe. Many controversial topics, such as YouTube videos about WW2 that are banned in Europe can be freely watched and debated here in Thailand. There is only one thing you can't criticize in Thailand but just about everything else is OK.