Swiss Federal Supreme Court Halts Unauthorised Website Blocks by Law Enforcement

The Swiss Federal Supreme Court has ruled that law enforcement authorities lack the legal basis to order internet service providers to block access to websites involved in cybercrime. The decision follows a successful appeal by the provider Init7 against a blocking mandate issued by prosecutors in the canton of Vaud.

The Vaud public prosecutor's office had instructed several telecommunications companies to block domain names associated with suspected investment fraud. The alleged perpetrators had defrauded investors of more than 1.7 million Swiss francs through multiple websites. While larger network operators complied with the administrative order, Init7 mounted a legal challenge that eventually reached the highest court.

Under existing Swiss law, open internet access remains the default standard under the Telecommunications Act unless a specific statute explicitly dictates otherwise. Statutory exemptions permitting domain blocks currently exist only within the Money Gaming Act and telecommunications provisions addressing child sexual abuse material. Matthias Hürlimann, deputy director of the Federal Office of Communications, stated that any additional blocking powers would require the federal legislature to enact a dedicated legal foundation.

The issue of domain blocking extends beyond financial fraud cases. Vaud prosecutors had also ordered internet providers to block the website of the climate activist group Grondements des Terres during an investigation into a June 2025 arson attack at the Holcim cement facility in Bretonnières. The digital rights organisation Digitale Gesellschaft Schweiz welcomed the Supreme Court ruling, arguing that website blocks without explicit statutory rules risk infringing on fundamental freedoms and political speech. Init7 Chief Executive Fredy Künzler similarly described the outcome as a decision in favour of democratic principles.

Opponents of website blockades also point to technical limitations, noting that domain-level restrictions are easily bypassed using virtual private networks. Parliament is currently considering alternative legislative measures, having accepted a motion to allow the blocking of Swiss top-level domains under .ch and .swiss when abused for illegal activities. The Federal Office of Communications stated that feedback from the public consultation on the revision of the Telecommunications Act is currently being analysed.

Written by Freya Stensrud freya.stensrud@alpineweekly.com