Facts
The association Y. and its president X. had published critical articles about the Tagesschau presenter Z. on their website, in which they referred to her, among other things, as the "Botox presenter" and the "representative of a degenerate society". Z. subsequently filed a lawsuit for infringement of personality rights. The High Court of the Canton of Zurich prohibited the complainants from further disseminating these statements and ordered the removal of the corresponding articles from the internet.
The Federal Supreme Court dismissed the complainants' appeal against this judgment. It found that the statements of the complainants severely violated Z.'s professional and social reputation and were not justified by the public interest in animal welfare claimed. Moreover, the court orders were sufficient in terms of specificity and proportionality.
Considerations
The Federal Supreme Court explained that the civil law protection of personality against infringements is regulated in Art. 28 of the Swiss Civil Code (ZGB). In a two-step process, it must be examined whether (1) there is an infringement of personality and (2) a justification exists. The cantonal courts rightly assumed that the statements of the complainants severely violated Z.'s professional and social reputation.
Regarding the justification, the Federal Supreme Court confirmed the balancing of interests by the lower courts. While animal welfare…