Is it legal to download pornography

When is pornography a criminal offense?

Canton a. There is no universal definition for the term pornography. Since the 19th century, the term has stood for the representation of human sexuality - especially when it is perceived as indecent, tasteless or harmful.

Protection of minors up to 16 years

The Swiss Criminal Code regulates pornography in Article 197. Clause 1 of this article sets out the protection of minors in particular. This provision is intended to ensure the undisturbed sexual development of young people. It is therefore forbidden to make pornographic material accessible to a person under the age of 16. The protection also applies to legal pornography - that is, to material the production, possession and consumption of which are generally permitted for adults.

Anyone who violates the youth protection article is liable to prosecution and faces a fine or imprisonment of up to three years.

Young people are also punishable

If young people are in possession of pornographic material and send it on - also to young people under the age of 16 - they are making themselves liable to prosecution. By disseminating the material, they themselves become providers. According to Swiss law, children over the age of ten can be held accountable.

Illegal pornography doesn't work at all

There is a fundamental social consensus that certain representations of sexuality must not be made accessible to anyone, since their very production requires reprehensible or criminal acts. According to the Criminal Code, these are objects or performances that involve sexual acts with children or animals, human excretions or violence. The law basically forbids the production of this illegal pornography, downloading it from the Internet, owning it (downloading is possession) or forwarding it. Again, a violation can result in a fine or imprisonment of up to three years.

Pornography is an official offense. This means that the police must take official action if they become aware of it.

Cantona. The brochure “Pornography: Everything that is Right” will be published at the beginning of February with information on the subject and the legal framework. This is issued by the police and the Swiss Crime Prevention. The brochure will also be available from the Schwyz Canton Police at the beginning of February.

a. The man admitted to the "messenger" that he had already recorded a few cell phone films. Including what is currently being exchanged among students from an MPS from the region. The content is clearly pornographic, as it shows the adult man enjoying himself sexually - without a censor bar. “It was the women who absolutely wanted to see this 'little film'. So I just sent it to you, ”the man justified himself.

But the material did not stay in the familiar circle, but attracted wide circles. As the “messenger” knows, the amateur recordings without artistic value even made the rounds on the schoolhouse square of a central school in the region. When asked about this, the native of Schwyz asserted that it was certainly not in his mind that this film would simply be forwarded and certainly not that schoolchildren would see it.

The criminal investigation department is investigating

Florian Grossmann, media spokesman for the Schwyz canton police, was able to confirm that investigations into the above-mentioned matter have been started. The criminal police are aware of the cell phone film and clarify whether there is any criminally relevant facts - in particular whether the offense of pornography was fulfilled (see box).

Acting quickly is important

"I have no knowledge of the fact that pornographic material is making the rounds at the MPS Ingenbohl-Brunnen," explained headmaster Andi Meyer. But how should you react if parents learn of pornographic material on their child's cell phone? «If the film material is exchanged among students, it is important that the class teacher or school social work are informed. Preventive and educational work can be done here, ”explained Meyer. In addition, the school management should also be notified. "If the children receive such films from outside people, the police should be contacted immediately," said Meyer in conclusion.

Dealing with new media and new means of communication is a big topic, especially in schools. Information and prevention events for schoolchildren and legal guardians are held at regular intervals.