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Swiss influencer convicted over violent Instagram threats amid mental health crisis

A viral outburst turned criminal: How one man's Instagram rants became a landmark case on online threats and mental illness. The court's ruling sends a stark warning.

The image shows a man in a green tank top holding a microphone, standing in front of a basketball...
The image shows a man in a green tank top holding a microphone, standing in front of a basketball court with a basketball net on the left side and steps and railings in the background. He appears to be talking to the media, likely discussing the upcoming season of the basketball team.

Court Finds Kay Voser Guilty of Threats—but He Avoids Punishment

Swiss influencer convicted over violent Instagram threats amid mental health crisis

The Bülach District Court in the canton of Zurich ruled on Wednesday that former footballer Kay Voser must undergo outpatient treatment. The 39-year-old has been in therapy for some time and now regrets the videos he posted while in a severe mental health crisis.

The ex-player and TV pundit faced trial at Bülach District Court over erratic Instagram videos he uploaded in 2024. Speaking in English, he issued threats in the clips, which prompted widespread reactions. "Many people wanted to help me or were worried about me," he said during questioning.

Voser expressed deep regret over the posts, stating they were a product of his illness. He deleted them shortly after uploading. "People were afraid for me, not of me," he emphasized.

At the time of recording, he was severely unwell. "Unfortunately, I published those posts," he admitted, calling it a profound mistake. The former professional—who played for FC Zurich, Basel, and England's Fulham—publicly disclosed his mental health struggles years ago. Due to the threats, he spent nearly four months in pretrial detention in late 2024.

Prosecutor Absent from Trial

Voser was charged with, among other offenses, publicly inciting crime. However, prosecutors did not seek punishment, citing his lack of criminal responsibility due to mental incapacity. Instead, they recommended mandatory outpatient treatment. Notably, the prosecutor did not appear in court.

The indictment listed multiple Instagram videos in which Voser urged others to hunt down and kill certain individuals. He directed threats at several people, including Swiss Federal Councilor Albert Rösti, and labeled multiple figures as "Nazis."

Voser insisted he never intended harm to those named but still endured a lengthy pretrial detention. Only shortly before his release did prosecutors send paperwork for outpatient therapy—a move his defense attorney sharply criticized as procedurally flawed. She argued Voser deserved compensation for the 116 days he spent behind bars.

Consistent Therapy Attendance

The defense pushed for an acquittal and opposed mandatory treatment, noting that Voser had voluntarily sought therapy after his release and attended sessions regularly. They argued that no further measures were necessary.

In the defense's view, no punishable offenses had occurred. "The individuals targeted even stated they did not feel threatened," she said. The posts lacked the compelling force needed to influence others into acting on his calls.

The court disagreed. Regarding the threat against Federal Councilor Rösti, judges ruled that Voser had attempted coercion through a death threat. "You tried to force his support by threatening his life," the presiding judge stated during the verdict.

For the other threatened individuals, the court found Voser guilty of attempted public incitement to commit crimes. "You repeatedly urged others to kill these people," the judge said, noting the persistence and gravity of the calls.

While a psychiatric evaluation confirmed Voser's lack of criminal responsibility when he made the videos, it also indicated that his therapy required structured oversight. The court determined that his voluntary treatment, though ongoing, was insufficient to waive a formal outpatient mandate.

The Bülach District Court did not rule on whether the nearly four-month pretrial detention was excessive. Any potential compensation for Voser's incarceration must be addressed in separate proceedings. The verdict is not yet final.

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