Honour and defamation

Honour and defamation

"I would like to know whether honour is still protected by the law. It has been reported to me that someone deliberately spoke disparagingly about me this summer, claiming in particular that I had committed various offences, which is not in fact the case. I have the impression that these days the courts are no longer interested in these kinds of cases, so is it worth doing anything about it?"

Luc, Geneva

The right to honour is one of the attributes of a person's personality and constitutes a legally protected asset, the infringement of which constitutes an unlawful act that may entail not only civil but also criminal consequences. The law therefore effectively protects honour, or more precisely the right not to be regarded as a despicable person.

In this respect, article 173 of the Criminal Code punishes defamation and punishes anyone who, by addressing a third party, accuses a person or casts suspicion on him or her of engaging in conduct contrary to honour or of any other fact likely to harm his or her reputation, as well as anyone who propagates such an accusation or suspicion.

Conduct contrary to honour" refers to behaviour that the person is alleged to have adopted and that is morally reprehensible; it is not necessary for this behaviour to be punishable under criminal law. On the other hand, "facts likely to prejudice consideration" refers to allegations made with the aim of demeaning a person by alleging something other than his or her own conduct.

Defamation presupposes not only an attack on honour but also communication to a third party. If the person believes that his or her communication will only be known to the person whose honour has been harmed, it is not defamation but an insult within the meaning of art. 177 of the Swiss Criminal Code.

It should be noted that verbal attacks on honour include those committed through images, writing, gestures or any other means. The person targeted need not necessarily be named; it is sufficient that he or she is recognisable and that one of the addressees can recognise him or her.

The Federal Court has ruled that it is defamatory to accuse someone of tax fraud, to maintain an accusation of an offence against a person who has been cleared of suspicion, or to make accusations of insurance fraud in the press while the trial is pending.

Finally, it should be noted that this offence is only prosecuted on the basis of a complaint, so you have 3 months from the time you become aware of the offence and its perpetrator to lodge a complaint. If the facts are proven, the criminal authorities will deal with them, in accordance with the mission assigned to them by the legislator, even though they are unfortunately often responsible for various more serious offences or crimes that require their resources first and foremost.