Carl Hirschmann partially vindicated in federal court
Carl Hirschmann has successfully sued Tamedia and Espace Media: The Federal Supreme Court has partially upheld his complaint for infringement of personality rights.
Tamedia and Espace Media violated Carl Hirschmann's personality by participating in a media campaign surrounding his arrest from November 4, 2009. This is the verdict of the Federal Supreme Court published on Friday, June 9.
The reports during the period in question deprived Hirschmann of his right to decide for himself what the public should know about his life, according to a press release on the ruling.
The Federal Supreme Court speaks of an "excessive interference" and exposure in the eyes of the average consumer. "This violation of personality cannot be justified by an overriding public interest."
"No need for information"
The court argues that although the public's pure need for entertainment can be considered a public interest to a certain extent, entertainment does not carry the same weight as information.
And in this specific case, according to the Federal Supreme Court, there was no need for information. "Rather, the reports were inflated with further episodes of secondary importance from the life of Carl Hirschmann."
Back to the commercial court
In addition, the Federal Supreme Court referred the case back to the Commercial Court of the Canton of Zurich for reassessment on several other points. The issue is whether Tamedia and Espace Media also participated in a media campaign against Hirschmann from September 2011 onwards.
The court must also reassess whether the publishing houses must hand over the profits they are said to have made through their infringing behavior - as Hirschmann demands. And it is about the satisfaction "for the emotional pain" caused by the violation of personality rights.
Lawsuit over 140 media reports
Hirschmann filed a lawsuit against Tamedia and Espace Media in 2011: He claimed that his personality had been violated by at least 140 reports in the media of the two companies. After the Zurich Commercial Court ruled in 2014 that three articles violated his personality, the Federal Supreme Court ruled the same in 2015 for other media reports.
It partially upheld the appeal and ordered the Commercial Court to re-examine several points. In particular, this concerned Hirschmann's accusation that a media campaign had been conducted against him that violated his personality. However, the Commercial Court took a different view in February 2016 and denied such a campaign. (SDA)
