On Tuesday, the National Council approved the revised Swiss Code of Civil Procedure by 183 votes to 1 and 2 abstentions. First of all, there are ad hoc orders to prevent unwanted media reports for the time being.
Today, the court may suspend a media report if it could cause particularly serious harm to the party making the request. However, this can only be ordered if there is no obvious justification and the measure does not appear disproportionate. In the article, the Federal Council wants to clarify that the media report in question may or is causing a particularly serious disadvantage.
No right to sensational stories
Both councils deleted the word “especially”. In addition to the other criteria, the “serious disadvantage” is sufficient to justify ordering a precautionary measure. The National Council joined the Council of States. The lawyers argued that it was about the interests of the people who were covered by the reports.
The media defend themselves against the “censorship article”. “Change would open the door to the hasty halt to unwanted, critical research,” said Andreas Zoller of the Swiss Media Association recently.
Commission spokesman Philipp Matthias Bregy (center) defended himself against the allegation that the committee was attacking media freedom. She has no right to destroy existence with sensational stories, said Judith Bellaiche (GLP).
The SP wanted to delete the fragment
The Red-Greens would like to stay on the line of the Federal Council, but they lost 81 votes to 99. Raphaël Mahaim (Greens) and Min Li Marti (SP) spoke of an attack on media freedom. The Council also rejected the request of the Supreme Court to remove the controversial article from the template.
The National Council wants to ensure preventive legal protection outside of office hours with on-call duty in the courts. This should include violations of personality in particular, but also domestic violence and family law.
The Code of Civil Procedure has been in force since the beginning of 2011. Thanks to him, cantonal regulations were unified throughout the country. The reform aims to make it easier for private individuals and businesses to access the courts. For this purpose, it will be, inter alia, Adapted Law on Court Fees. (SDA)