Submitted text
The Federal Council is instructed to promote law enforcement on the Internet by means of a mandatory domicile of service for large commercial Internet platforms.
1. today, a court may designate a domicile of service in accordance with article 140 of the CCP. In the future, large commercial internet platforms should be required to designate a domicile of service (e.g. by means of a new Art. 140 para. 2 CCP “Parties having their seat or domicile abroad, which for profit platforms on the Internet Operate websites that are designed to enable users to share any content with other users or make it accessible to the public and that more than 200 000 registered users in Switzerland have a domicile for service in Switzerland, and publish the domicile of delivery on its platform in an easily identifiable and immediately accessible manner.”).
2. also in the Code of Criminal Procedure the designation of a domicile of service should be mandatory for large commercial internet platforms (e.g. through a new Art. Art. 87 para. 1bis Criminal Procedure Code (StPO) “addressees domiciled or resident abroad who operate platforms on the Internet with the intention of making a profit, which are intended to enable users to share any content with other users or make it accessible to the public and which contain more than 200 000 registered users have in Switzerland, designate a domicile for service in Switzerland.”)
Justification
The issue of law enforcement on the Internet is complex. According to the unanimous opinion of most experts, a solution such as the NetzDG in Germany is massively excessive. One of the risks of the NetzDG solution approach is that the operators of Internet platforms overreact, resulting in a so-called “chilling effect”, which is also problematic from the perspective of fundamental and human rights.
However, an undisputed element of the German NetzDG is the requirement for a domestic domicile of service. This would make it much easier and faster for those directly affected, e.g. in the case of personality violations such as hate speech etc. and data protection violations on large commercial Internet platforms such as Facebook, to file their lawsuits or request measures.
Motion of the Federal Council
The Federal Council proposes that the motion be accepted.