Facts
The Federal Court has partially ruled in favour of the appellant in a dispute over infringement of personality rights through media reports about an entrepreneur. The Court found that various media reports by the respondents had infringed the appellant's personality rights. In further points, the case was remanded to the lower instance for re-assessment, in particular on the question of whether a "media campaign" constituted an infringement of personality rights and on the claim for disgorgement of profits. The Federal Court partially overturned the decision of the lower instance and ordered the respondents to delete certain media reports.Considerations
The Federal Court stated that for the question of whether there is an infringement of personality rights, the truthfulness of the reporting is not decisive, but whether the publication affects the secrecy or private sphere of the person concerned or unjustly lowers their reputation. The mere volume and intensity of the reporting can…