Federal Act
on Private International Law
(PILA)

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.⁸⁴