(PILA)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 18 December 1987 (Status as of 1 January 2022)


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Art. 139

f. In­fringe­ment of per­son­al­ity rights

 

1 Claims based on the in­fringe­ment of per­son­al­ity rights by the me­dia, in par­tic­u­lar by press, ra­dio, tele­vi­sion or any oth­er means of pub­lic in­form­a­tion, are gov­erned at the op­tion of the in­jured party:

a.
by the law of the state in which the in­jured party has their ha­bitu­al res­id­ence, provided the tort­feas­or should have ex­pec­ted that the res­ult would oc­cur in that state;
b.
by the law of the state in which the tort­feas­or has their es­tab­lish­ment or ha­bitu­al res­id­ence; or
c.
by the law of the state in which the res­ult of the in­fringe­ment oc­curs, provided the tort­feas­or should have ex­pec­ted that the res­ult would oc­cur in that state.

2 The right of reply against me­dia ap­pear­ing peri­od­ic­ally is ex­clus­ively gov­erned by the law of the state in which the pub­lic­a­tion ap­peared or the pro­gram was broad­cas­ted.

3 Para­graph 1 also ap­plies to in­fringe­ments of per­son­al­ity rights res­ult­ing from the pro­cessing of per­son­al data, as well as to impair­ments of the right of ac­cess to per­son­al data.67

67In­ser­ted by An­nex No 3 of the FA of 19 June 1992 on Data Pro­tec­tion, in force since 1 Ju­ly 1993 (AS 1993 1945; BBl 1988 II 413).

 

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