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No liability privilege for internet service providers in Switzerland
A person who suffers a violation of personality may sue for its protection against any person involved (art. 28 al. 1st CC). According to the legal text, anyone "involved" in the attack is part of the circle of liable persons. Thus, not only the original author of the violation can be brought to justice, but rather anyone whose collaboration causes, allows or encourages the violation, irrespective of which party is at fault.
Simple collaboration is sufficient for liability to cease and desist and removal, even if the collaborator does not realize or not even know that a violation took place. Even the transmission of a violating content may constitute such collaboration. In particular in the case of a violation in the media, the injured person can sue the author, the responsible redactor, the editor and any other person involved in the publication.
(Decision of the Federal Supreme Court in re 5A–792/2011 dated January 14, 2013)
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