Say it with flowers...
Say it with flowers...
In my local monthly newspaper, one of my fellow residents was interviewed and clearly implied that the local florist (that's me!) is not very talented and offers cheap goods, leaving the quality of my bouquets to be desired, while I'm lining his pockets. Can I oblige the local gazette to publish a strongly-worded response that I have written?
C, Vaud
You're right and you have the right to have your views published! The Swiss Civil Code provides for a right of reply for anyone whose personality is directly affected by the presentation of facts concerning them by the periodical media, in particular the press, radio and television.
In order to satisfy the condition of injury to personality, the presentation of the facts must, in particular, give rise to an unfavourable public image of the person concerned. In addition, the presentation must differ from the person's own assessment of the situation.
For your response to be published in the local newspaper, you must send it to the newspaper within twenty days of becoming aware of the article about you, but no later than three months after it has been published. Publication of the response is free of charge.
You also have the right to know when this response will be published and on what grounds the newspaper would refuse to publish it. The aim is not to do you a favour, but to allow you to defend your reputation.
Thus, if you were prevented from exercising your right of reply, you could apply to the competent civil court, in an action that is not subject to any particular legal time limit. The only requirement is that you have an interest in bringing such proceedings. That said, this interest is assessed according to the nature of the right of reply, which is to obtain a rapid correction. It is therefore important not to wait too long, since the Federal Court still considers that action should be taken within twenty days of notification of the refusal to publish the response.
It should also be noted that this response must be concise and limited to the subject of the contested presentation. It must not be contrary to law, which means that it must not, for example, constitute a riposte that unlawfully infringes the personality of a third party. The response may also be refused if it is manifestly inaccurate or if it is contrary to law or morality. Therefore, limit your response to the disputed factual elements and refrain, for example, from expressing your opinion on the author of the initial statements.
