Facts
On 29 May 1986, Alexander Seiler requested the single judge in the summary procedure of the Hinwil district court to compel the Verein "Aktion für freie Meinungsbildung" to publish a correction in all the newspapers where the advertisement entitled "Totalverweigerer" appeared. The single judge dismissed the request for lack of standing of the Verein. The cantonal court confirmed this decision. The Federal Court partially admitted the appeal and referred the case back to the cantonal court for a new decision.
The facts are as follows: the Verein "Aktion für freie Meinungsbildung" regularly publishes advertisements in many newspapers, in the form of a "newspaper within a newspaper". Alexander Seiler feels that his personality has been affected by one of these advertisements and requests a correction.
Considerations
The Federal Court examined the question of whether a regular advertiser in several newspapers can be required to publish a correction. Article 28g para. 1 CC provides that any person who feels that their personality has been affected by a publication may request a correction. The law does not clearly define who is responsible for the publication, but it emerges from case law that it is generally the publisher of the publication who is responsible.
However, in the case of a regular advertiser in several newspapers, the situation is different. The Federal Court considered that the advertiser may be required to publish a correction, as it is able to control the content of its advertisements and have them published in several newspapers. This is a form of "media within the media", where the advertiser uses the newspapers to disseminate its own messages.
The Federal Court also considered that the correction must be published…