Intimate images leaked by an ex partner in Switzerland
An intimate image you shared in confidence with a former partner has appeared online without your consent. The TAKE IT DOWN Act treats this as actionable regardless of how the image was originally created.
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jurisdiction
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primary statute
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TAKE IT DOWN Act window
Court order
enforcement route
Tl;dr
In Switzerland, this conduct is prosecuted under Article 197a StGB. The civil erasure route runs through Swiss FADP (revFADP) right to erasure and FDPIC. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Intimate images shared inside a relationship survive long after the relationship ends. The most common trigger is a contested breakup, a new partner, or financial dispute.
Most leaks are first posted to platforms the perpetrator believes are anonymous. They rarely are. Account metadata, IP logs, and payment records routinely identify the source.
Legal framework in Switzerland
Strafgesetzbuch Article 197a (unbefugtes Weiterleiten von nicht öffentlichen sexuellen Inhalten), in force from 1 July 2024. Fine or custodial sentence up to 3 years.
Switzerland introduced article 197a of the Criminal Code in 2024 to address non consensual sharing of sexual content, with a maximum penalty of 3 years. The Swiss revised FADP gives data subjects an erasure right that operates parallel to GDPR for content hosted by Swiss controllers.
Evidence to preserve
- Full page screenshot of every URL where the content appears, with the URL bar visible
- The username or account handle that posted the content
- Any direct messages, texts, or emails from the ex partner referencing the content
- The original image metadata if you still have the source file, which can prove provenance
Do not: Do not contact the ex partner before evidence is preserved and notices are filed. Confrontation gives them time to delete content and craft a denial.
Five step removal process
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1
Preserve all evidence first
Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content.
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2
File the Article 197a StGB criminal complaint
Report to local police or the national cybercrime unit. Cybercrimepolice.ch can assist.
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3
Submit an erasure request under Swiss FADP (revFADP) right to erasure
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. FDPIC accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- Strafgesetzbuch Article 197a (unbefugtes Weiterleiten von nicht öffentlichen sexuellen Inhalten), in force from 1 July 2024
- Swiss FADP (revFADP) right to erasure
- US TAKE IT DOWN Act for any covered platform
- State NCII criminal statutes in 48 states for prosecution of the ex partner
- Civil claims for intentional infliction of emotional distress and statutory damages where state law provides
Frequently asked questions
Is leaked by ex a crime in Switzerland?
Yes. Strafgesetzbuch Article 197a (unbefugtes Weiterleiten von nicht öffentlichen sexuellen Inhalten), in force from 1 July 2024 criminalises this conduct. Fine or custodial sentence up to 3 years.
What evidence should a Switzerland victim of leaked by ex preserve?
Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content. Any direct messages, texts, or emails from the ex partner referencing the content. The original image metadata if you still have the source file, which can prove provenance.
Does Swiss FADP (revFADP) right to erasure apply to this scenario?
Yes. Swiss FADP (revFADP) right to erasure gives the victim a direct erasure right against any platform processing the imagery. FDPIC enforces non compliance.
What support is available in Switzerland for leaked by ex?
Cybercrimepolice.ch provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.cybercrimepolice.ch.
Can a Switzerland victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Article 197a StGB and Swiss FADP (revFADP) right to erasure.
Remove every copy now
One scan. Coordinated removal under Article 197a StGB, Swiss FADP (revFADP) right to erasure, and the TAKE IT DOWN Act.
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