Federal Council wants to ban Nazi symbols in public spaces

The ban on symbols associated with the Third Reich is particularly urgent, Justice Minister Beat Jans told the media in Bern on Friday. This is because anti-Semitic incidents have increased significantly, both worldwide and in Switzerland. The symbols representing hatred, violence and suffering must disappear from the public sphere.

Context decides

The mere display of Nazi symbols in public is not a punishable offense today, said Jans. However, the symbols are prohibited in connection with advertising for the ideology they stand for or if they are used against people or groups in a derogatory manner.

The Federal Council wants to ban not only swastikas, Hitler salutes and SS runes, but also numerical codes such as "18" and "88", which could be read as "Adolf Hitler" or "Heil Hitler". The context should decide when such symbols are punishable.

The figures printed on a football or basketball shirt could still be displayed, said Jans in response to a question from journalists. A legal practice must be established for the use of these numbers, among other things. Incidentally, fines issued could be appealed against.

The Federal Council is planning exceptions to the ban for educational, artistic and journalistic purposes. For example, media reports on anti-Semitic incidents would be permitted. They would also be permitted in history lessons, satirical and historical presentations.

Consideration for other cultures

The Federal Council is also planning exceptions for symbols of existing religions. The swastika is a very old symbol, he writes. In Asia, and particularly in India, it is often associated with Hinduism, Buddhism or Jainism, he writes in the draft message.

Called the swastika in Sanskrit, the swastika has the meaning of a sun sign in these cultures and is seen as a "lucky charm". The Federal Council therefore wants to exclude existing religious symbols that look similar or identical to Nazi symbols from the ban from the outset.

The Federal Council expressly wants to ban the use, wearing, display and dissemination of National Socialist symbols. It also wants to prohibit swastika graffiti on posters or house walls, for example.

Preserving freedom of expression

The new criminal provisions must respect the fundamental right to freedom of expression, said Jans. However, it is about setting clear limits to an ideology that does not want to allow freedom of expression, that spreads hatred and injustice and that virtually fights against respect for minorities.

According to the Federal Council, the ban would also apply in virtual space. The problem is that in such cases the perpetrators are often anonymous and it is difficult to find them.

With this law, the Federal Council wants to fulfill a mandate from Parliament, at least a first part of it. The councillors also called for a ban on extremist, racially discriminatory and violence-glorifying symbols of other ideologies. The Federal Council intends to implement this in a later step.

Independent law planned

The Federal Council is proposing a separate law to enforce the ban. It writes that this is the quickest way to close the gap in the legislation. And it would be possible to punish violations by means of administrative fines.

If the standard were written into the Criminal Code instead, public prosecutors and courts would have to deal with bearers of Nazi symbols. In the eyes of the Federal Council, this would make the existing overload of the justice system worse.

The consultation on the law banning the public use of National Socialist symbols will last until March 31, 2025. (SDA/swi)