Facts
This decision of the Swiss Federal Tribunal concerns the execution of the right of reply provided for in Arts. 28i and 28l of the Swiss Civil Code (CC). Amway (Switzerland) SA requested that the Swiss Broadcasting Corporation (SRG) publish a reply to a report broadcast in the "Kassensturz" program. As the SRG refused, Amway brought the matter before the emergency judge of the District Court of Zurich to obtain the publication of this reply. The judge dismissed the request, but the cantonal court partially upheld Amway's appeal and ordered the publication of a modified and shortened reply compared to the initial request.
The SRG appealed against this decision of the cantonal court. The Federal Tribunal had to examine whether the judge could modify the text of the reply requested by Amway.
Considerations
The Federal Tribunal considers that the judge can, in proceedings under Art. 28l CC, modify the text of a reply when this is necessary for it to meet the legal requirements. However, the content of the modified text must not exceed the assertions already contained in the text submitted to the media company.
If the modifications can be made immediately by the judge, the latter must adapt the text to the legal requirements and not dismiss the request. Except in…