Swiss court says website blocks need a legal basis

Internet providers in Switzerland cannot generally be ordered to block websites without a specific legal basis, the Federal Supreme Court has ruled. The decision, reported by SRF, followed a challenge by provider Init7 to an order from the Vaud public prosecutor.

The prosecutor had been investigating suspected investment fraud. The suspects allegedly used several websites to defraud investors of more than 1.7 million francs. To prevent further victims, the prosecutor ordered internet providers to block access to the web addresses. Init7 challenged the order through the courts.

The ruling means website blocking remains possible only in specific cases covered by law, including under the Gambling Act and telecommunications law provisions concerning child pornography. “If further blocks are to be imposed, the federal legislature would have to create a legal basis,” said Matthias Hürlimann, deputy director of the Federal Office of Communications.

The court said website blocks can be an effective tool against online fraud, but they are easy to circumvent, for example by using a virtual private network. Rahel Estermann, co-director of the Digital Society Switzerland association, said authorities were often disappointed because the blocks did not work.

The association welcomed the ruling, saying it would prevent criminal authorities from imposing blocks without clear rules or notifying those affected. Estermann said blocking could seriously restrict people’s freedom to access information online, and that the case of climate activist group Grondements des Terres showed how political views could also be suppressed.

Vaud investigators had also asked providers to block the group’s website. The organisation is suspected of involvement in an arson attack on the Holcim cement plant in Bretonnières, which caused property damage in June 2025, according to Republik. Init7 chief executive Fredy Künzler called the ruling an important decision for democracy and freedom. He said Init7 was the only provider to challenge the blocking orders, while other providers, including Swisscom, Sunrise and Salt Mobile, had complied.

Hürlimann said expanding the use of website blocks was not currently a political priority, although parliament sees a need to address growing internet crime. Parliament has approved a motion allowing domains ending in .ch or .swiss to be blocked under certain conditions. Hürlimann said such a block could not be circumvented. The proposal is being discussed as part of the next revision of the Telecommunications Act; consultation has closed and the responses are being analysed.

Estermann said other major online risks include hacking, fraudulent advertising and hate speech on social media. She called for stricter cybersecurity requirements for companies and other organisations, better enforcement against fraudulent advertising, and stronger user rights and moderation to address hate speech.