Facts
The plaintiff Josef X. filed a request with the single judge in the summary proceedings of the District of Zurich to compel the Neue Zürcher Zeitung to publish a rejoinder text written by him without a hearing. The single judge dismissed the request, as did the High Court of the Canton of Zurich. Josef X. then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It decided that the procedure under Art. 28l para. 3 of the Swiss Civil Code is a contradictory procedure in which the defendant media company must be heard. Excluding a hearing would contradict the purpose of the right of rejoinder, the protection of personality rights, and would be incompatible with the right to appeal.
With regard to the rejoinder text submitted by the plaintiff, the Federal Supreme…