Facts
The case concerns a matter of protection of personality and infringement of personality rights through the press. The plaintiff brought an action against the defendant, a press publisher, for infringement of their personality due to the publication of several press articles. The court considered that the plaintiff had suffered an infringement of their honor and reputation due to these publications.
The parties involved are the plaintiff, an individual, and the defendant, a press publisher. The case was judged by the Swiss Federal Court, which rendered its judgment on July 7, 2000. The key dates of the case are as follows: May 5, 1982, the date of publication of the law on the protection of personality, and July 7, 2000, the date of the judgment of the Swiss Federal Court.
The main issue in the case is whether the press publications in question constitute an unlawful infringement of the plaintiff's personality rights. The court examined the conditions under which press publications can be considered an unlawful infringement of personality rights, in particular when they concern true or false facts, opinions, comments, and value judgments.
Considerations
The Swiss Federal Court considered that the protection of personality is a fundamental right that must be protected against unlawful infringements. Article 28 of the law on the protection of personality provides that any person who suffers an unlawful infringement of their personality may claim compensation from the court.
The court examined the conditions under which press publications can be considered an unlawful infringement of personality rights. It considered that the publication of true facts may be justified if it is necessary for public information, but that the publication of false facts or injurious comments may constitute an unlawful infringement of personality rights.
The court…