Legal definitions
“Child” or “minor” is defined as a person who has not yet reached the age of 18. There is no single definition of “child sexual exploitation,” “sexually explicit conduct,” “child sexual abuse,” “grooming,” “enticement,” or “sextortion,” but relevant provisions criminalize related conduct. Swiss law regulates child pornography or child sexual abuse material (CSAM) as “pornography involving a minor” and distinguishes between depictions of “genuine sexual acts” and “non-genuine sexual acts” with minors, which includes computer-generated images or videos. The age of consent for sexual activity is 16 years old.
Regulatory requirements/recommendations
Swiss law does not contain an explicit statutory requirement that mandates online platforms to review, screen, moderate, or detect content to identify CSAM. However, several Swiss Criminal Code provisions create criminal liability that may require platforms to implement such measures in practice. Online platforms face potential liability if they “make accessible” or “make available” CSAM. Swiss constitutional and international obligations require platforms to implement reasonable preventative and detection measures. If a platform is made aware of CSAM, United Nations obligations require prompt reporting to law enforcement.
Age verification requirements/recommendations
No Swiss federal statute or regulation imposes a general, explicit duty on all online platforms to implement age verification before granting access to their services. However, platforms that make pornography accessible must ensure they do not offer, show, or otherwise make such content accessible to persons under age 16, as doing so is a criminal offense. This creates a practical compliance need for reliable age verification or age-gating measures where a platform hosts or distributes pornographic content.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services. The obligations that do exist are aimed at preventing minors from accessing harmful content, particularly pornography, rather than on obtaining parental consent for platform access.
Legal remedies for child victims
Swiss law provides both civil and criminal legal remedies for victims of online child sexual exploitation. A child may bring an action to stop publication of CSAM and may seek injunctive relief to prohibit and eliminate publication of content. A victim may seek financial damages through civil claims as part of criminal proceedings. A government-funded victim support service provides comprehensive assistance, including counseling, emergency assistance, and guidance for pursuing legal claims. Victims have a right to information about key procedural developments.
"Safety by Design" requirements
Online platforms are not explicitly required to incorporate “Safety by Design” into their systems, but the Swiss Criminal Code creates relevant practical obligations. Such laws necessitate effective age controls, detection, removal capabilities, user reporting channels, evidence preservation, and terms of service that prohibit distribution of CSAM. These laws apply continuously once a platform becomes operational.