Liking and sharing Facebook posts can be defamatory according to federal court
Anyone who «likes» a defamatory post on the social media platform Facebook or shares the post with others online may be guilty of defamation. The Federal Supreme Court has upheld a ruling by the High Court of the Canton of Zurich on this point, as the Federal Supreme Court announced on Thursday.

Two years ago, the High Court of the Canton of Zurich sentenced a man to a conditional fine for multiple defamatory statements. The judicial authorities accused the man of having made defamatory statements to the detriment of third parties in an email he had written himself and in his own Facebook comment.
The man had also marked other users' Facebook posts with "Like" or "Share". In these posts, the third party was accused of right-wing, brown and anti-Semitic ideas. According to the Federal Supreme Court, the man had thus spread defamation.
The convicted man appealed against this judgment to the highest Swiss court. According to the ruling of the Federal Supreme Court, the dissemination of defamation is considered a separate offense. Pressing the "Like" or "Share" buttons on Facebook can lead to greater visibility on the internet.
However, according to the Federal Supreme Court, whether a punishable act of dissemination actually exists must be considered on a case-by-case basis. The offense is only completed when the disseminated accusation is visible to and perceived by a third party.
In the present case, it was clear that the liked and shared news content had reached people who were not part of the original author's subscriber base. The High Court was therefore right to assume that the offense of dissemination was basically fulfilled.
As a result, the Federal Supreme Court nevertheless upholds the appeal. It referred the case back to the High Court for a new decision. The court had previously wrongly excluded the accused from the opportunity to prove the truth of the allegations made. (SDA/judgment 6B_1114/2018 of January 29, 2020)

















