The Swiss Criminal Code makes attacks on a person’s honour punishable by law. The mere consumption of the content, however, is not sanctioned. Since games can fall under the provision of the law, the production and marketing of particularly cruel games are punishable. The threshold of what is punishable is accordingly high. Consequently, not all depictions of violence are covered by the criminal provision, but only the most brutal ones. These depictions must be forceful and seriously violate the elementary dignity of human beings. The article of the law refers to particularly cruel depictions in which the infliction of severe physical and psychological suffering (on humans or animals) is the main focus. A wide variety of acts are prohibited, including producing and marketing violent depictions. Representations of violenceĪrticle 135 of the Swiss Criminal Code, which contains the prohibition of violent depictions, is particularly important for game developers and designers. In this context, the main criminal provisions in computer games will be explained below, and it will be shown where the borderline of behaviour permitted under criminal law lies. Therefore, it is logical to consider games and game behaviour in the context of criminal law.
Although games take place in a digital, virtual world, gamers and game developers, do not find themselves in a lawless space.
