Facts
In an article in the weekly newspaper "X" dated February 12, 1993, the plaintiff W. was referred to as a "dubious 'company restructurer'" who had been sentenced to a lengthy prison term several years earlier for various economic and bankruptcy offenses. W. subsequently filed a lawsuit against the publisher of the newspaper and demanded a declaration that this statement had violated his personality rights.
The cantonal High Court upheld the claim with regard to the mention of the conviction for a prison sentence, but dismissed the claim in all other respects. Both the defendant publisher and W. appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court confirmed the judgment of the High Court. It stated that the plaintiff bears the burden of proving that a personality-violating press statement continues to have a disturbing effect. However, in the case of serious infringements of personality, it can be presumed that the violation continues to have a disturbing effect.
In the present case, the Federal Supreme Court found that the mention of the conviction for a prison sentence years ago severely violated the plaintiff's honor, but above all his privacy. This infringement of these personality…