Facts
On 11 April 1992, an advertisement was published in the daily newspaper "Der Bund" by the "Trumpf Buur", in which the Swiss Radio and Television Corporation (SRG) was referred to as an "institution" and a "monopoly institution". The SRG requested the Trumpf Buur to publish a rejoinder, which he however refused. Thereupon, the Magistrate's Office III Bern partially ordered a rejoinder, against which both parties appealed to the Court of Appeal of the Canton of Bern.
The Court of Appeal convicted the Trumpf Buur under threat of penalty to publish a specific rejoinder text. The Trumpf Buur appealed against this judgment to the Federal Supreme Court.
Considerations
The Federal Supreme Court held that the text of the rejoinder must cover the statement of the factual representation which has affected the respective person in their personality. In the present case, the SRG was directly affected in its personality by the designation as an "institution", as this expressed that it was not an entity structured according to entrepreneurial principles.
However, the rejoinder text ordered by the Court of Appeal did not concern this factual allegation, but only the legal organizational form of the SRG. Therefore, the Federal Supreme Court upheld the appeal on…