Question juridique clé
Whether the revised Art. 173 StGB still allows reliance on the defense of legitimate interests.
Solution extraite
As a rule, no. After the revision, a person who cannot prove truth or serious good-faith reasons for believing the statement true will generally not be able to invoke protection of legitimate interests.
Motifs extraits
The old case law on legitimate interests was developed under the previous wording of Art. 173 StGB. Under the revised text, the accused is not exculpated merely by alleging legitimate interests; that defense presupposes good faith and diligent verification. If the accused fails to show truth or serious grounds for believing the statement true, invoking legitimate interests is normally excluded.