Partial success for Hirschmann in federal court

Hirschmann had classified over 140 articles from 20 Minuten, BZ Berner Zeitung, Der Bund, Radio 24, Sonntagszeitung, Tages-Anzeiger and Tele Züri as infringing personal rights and demanded that they be deleted from the Internet and electronic archives. He also demanded compensation and the return of the profits that the media companies had allegedly made from the posts. However, the Zurich Commercial Court largely dismissed the heir to millions. It judged only three articles to be defamatory and rejected the rest of the claim. However, the decision of the Federal Supreme Court published on Thursday now finds in favor of the millionaire heir on various points. In addition to the three articles objected to by the Commercial Court, the Federal Supreme Court classified nine further articles as infringing personal rights. These are six reports from 20 Minuten, one each in Tages-Anzeiger and Der Bund and one on TeleZüri. On several other points, the court referred the case back to the lower court for reassessment.

Above all, the Commercial Court must once again deal with the question of whether the defendant media companies conducted a "media campaign" against Carl Hirschmann. The lower court rejected a corresponding request for a declaratory judgment for reasons that should not have played a role, writes the Federal Supreme Court. It must also be clarified anew whether Hirschmann is entitled to the omission of certain statements or the deletion of articles. The Commercial Court must also answer the question of whether he can claim the return of profits and compensation from the media companies as a result of the violation of his personality.

Hirschmann has to put up with more

The articles against which the Zurich jetsetter is defending himself relate in particular to accusations of blackmail or sexual and violent offenses. Hirschmann criticized the ruling of the commercial court, saying that he was not a person of contemporary history. The media companies had confused the public interest with their own. In this respect, however, the Federal Supreme Court confirmed the position of the Commercial Court. Hirschmann was a person of public interest and therefore had to put up with greater intrusions into his privacy in reporting than an unknown person. In any case, however, proportionality must be observed. In this context, the supreme judges also point out that the media and those involved in the field of people journalism maintain a kind of symbiosis with each other. The Commercial Court was also right to reject Hirschmann's claim for damages, the Federal Supreme Court continued. The latter had not sufficiently explained the damage allegedly suffered.

Hirschmann currently in semi-captivity

The 34-year-old from Zurich is currently in prison. The Zurich High Court sentenced him to 32 months' imprisonment for sexual assault and multiple sexual acts with a minor, 12 months of which he must serve. Sentences of up to one year can be served in semi-prison. This means that the convicted person can do a normal job during the day and only has to spend the evening and night behind bars. Hirschmann is currently doing this in Winterthur. (SDA)

On the subject: Media: Carl Hirschmann goes before the Federal Supreme Court