Facts
In an article published in Sonntagsblick on May 22, 1994, physician Martin Gottlieb Kraska was accused of having a patient (Maya Z.) involuntarily committed to a psychiatric clinic without having examined her personally beforehand. Kraska filed a complaint against the Ringier AG newspaper and journalist Y. for infringement of his personality rights, requesting the court to establish this violation and order the publication of the judgment in Sonntagsblick. The District Court of Zurich dismissed the claim. On appeal, the Cantonal Court of Zurich also dismissed the request for establishment and publication. Kraska then appealed to the SCC.Considerations
The SCC partially upheld the appeal: a) It established that the article of May 22, 1994, unlawfully infringed Kraska's personality rights, insofar as it incorrectly portrayed him as a physician who had a patient involuntarily committed without knowing her, for…