Verdict confirmed: Blick violated Spiess-Hegglin's personality
With its December 2014 coverage of the events following the Landammann celebration in the canton of Zug, the daily newspaper *Blick* violated the personal rights of former politician Jolanda Spiess-Hegglin. Following the Cantonal Court’s ruling, the Zug Higher Court has now reached the same conclusion. Ringier CEO Marc Walder has issued a public apology.
In its ruling published Monday, the Zug Superior Court upheld a first-instance guilty verdict from May 2019.
By mentioning her name and publishing a photograph, the newspaper had "seriously" invaded Jolanda Spiess-Hegglin's privacy and thus violated her personality, the court stated in a media release. The ruling is not yet legally binding. In contrast to Ringier's opinion, the high court denied an overriding public interest for the reporting in the View.
Ringier does not pursue judgment
Furthermore, the High Court - like the Cantonal Court - concludes that Spiess-Hegglin has "no actionable claim" to the publication of an apology from the publishing house Ringier.
"Nevertheless, we want to apologize to Jolanda Spiess-Hegglin," wrote Ringier CEO Marc Walder after the publication of the verdict on Blick.ch. Ringier will not pursue the ruling, a company spokeswoman confirmed at the request of Keystone-SDA.
Walder's statement notes that it was "never the intention" to cause suffering with the reporting. "In retrospect of the past almost six years, however, we see that Jolanda Spiess-Hegglin was hurt by our reporting." It is not possible to turn back the wheel of time, he said. "But we can learn day by day and always try to do better," Walder writes.
More lawsuits follow
Spiess-Hegglin notes Walder's public statement "with satisfaction," she said when asked. She described the verdict as "fantastic". It could not be better, because it is much clearer than the first instance. There is therefore no reason to appeal.
Rather, the ruling provides the "perfect basis" for everything else that will follow. Spiess-Hegglin maintained that this judgment was only about the one article. "Further actions for satisfaction are being planned," she said.
Because the said article was followed in the View and other media dozens of articles on what might have happened at the Zug Landammann celebration. What exactly happened was never legally clarified. Numerous View-articles have since been deleted from the Swiss media database SMD.
Court reduces satisfaction
The court also partially upheld Ringier's appeal regarding compensation and reduced the amount to CHF 10,000. It considers the sum of 20,000 awarded by the lower court to be "disproportionate". The higher court also slightly corrects the allocation of costs in the first-instance decision. Both parties appealed
The proceedings between Ringier and Spiess-Hegglin concern an article that the View on December 24, 2014. In it, the tabloid showed the names and pictures of the then Zug cantonal council members Spiess-Hegglin (Greens) and Markus Hürlimann (SVP) and described alleged events at the Landammann celebration.
In 2017, Spiess-Hegglin had filed a claim for protection of personality against Ringier with the cantonal court. Spiess-Hegglin and Ringier appealed to the higher court. (SDA)
