The Bernese Oberland court must deal with the Rickli-Rap and check whether it is possible to libel possibly slander is present. The Federal court has upheld a complaint by the Bernese General Prosecutor’s office partially.
The five musicians – three of them from the Bernese Rap collective “chaos force” – in September 2014, published on the Internet a Song with the title “Natalie Rikkli is undoubtedly a gross verbal attack,” writes the German Federal court on Wednesday to publish the judgment.
swear words and sexual Expressions
covers The Zurich-based SVP politician and member of the cantonal government was in the lyrics with swear words and Comments of a sexual nature in. Among other things, it means in the song, Rickli have owe their political success to sexual favors.
The Bernese Oberland court sentenced in December 2018, five people, including a woman, due to abuse and slander, and related fines between 65 and 80 days. The allegation of sexual harassment the Supreme court said the musician.
Against this decision of the Bernese General Prosecutor’s office lodged a complaint and now has to get partially right. The Federal court holds that there is a passage in the Song, according to the SVP-politician, have obtained their success due to sexual favors to a so-called statement of fact handle.
To this end, the Bern court. It had, however, concluded that the allegation be proven objectively, or the evidence of nature could be not provided. This is the Lausanne judges see it that way. Just because it was a statement of fact, needs to be made a truth test.
No direct harassment
the Federal court has Confirmed the acquittal from the accusation of sexual harassment. Rickli had only gained one and a half years after the publication of the Songs of that knowledge. Thus, under the Federal court Act and harassment from falling apart time.
The sexual harassment was related to the immediate perception of what can be done for example by means of a telephone or video call. The musicians had never tried to leave Rickli the song directly. The Song was not directly to the politician turned, but to a to the critical set of an audience.
The Prosecutor General’s office had argued in their complaint that in the age of the Internet, not at the contact of the victim and the perpetrator held could be.
There is no sensible reason why a sexual harassment occur when the victim is physically present, but not if the victim take the harassment on the Internet is true. The harassment on the Internet is for the perpetrator easier. For the victim you have a more severe impact than the “classic” harassment. (js/sda)
Created: 20.11.2019, 12:00 PM
