Why this happens

Post breakup distribution typically occurs within the first 90 days after the relationship ends. The distribution is rarely random and often involves coordinated posting across multiple platforms.

Many ex partners attach identifying information including the victim's name, employer, school, or contact details. This identifying context creates additional civil claims beyond the NCII statutes.

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

Do not: Do not communicate with the ex partner during the active distribution period. Communications can be edited and selectively shared to suggest reconciliation or consent. All communication should be through counsel.

Five step removal process

  1. 1

    Preserve all evidence first

    Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution.

  2. 2

    File the Article 197a StGB criminal complaint

    Report to local police or the national cybercrime unit. Cybercrimepolice.ch can assist.

  3. 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.

  4. 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.

  5. 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

Frequently asked questions

Is revenge after breakup 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 revenge after breakup preserve?

Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution. The dates of the breakup and the first appearance of the content online. Any witnesses to the relationship who can attest to the original consent context for the images.

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 revenge after breakup?

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.

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