The Swiss Federal Supreme Court upholds the appeal of the Chinese swimmer Sun Yang against the composition of the CAS.

The International Court of Arbitration for Sport (CAS) had imposed an eight-year ban on Sun Yang, a multiple Olympic and world swimming champion, on February 28, 2020, for refusing to provide blood and urine samples during an unannounced doping control at his residence in September 2018. (CAS 2019/A/6148 World Anti-Doping Agency v. Sun Yang & Fédération Internationale de Natation)

Due to the bias of the presiding CAS arbitrator Franco Frattini, the appeal filed by Sun Yang with the Swiss Federal Supreme Court on June 15, 2020 was upheld and the CAS verdict of an eight-year ban rendered on February 28, 2020 has been reversed. Therefore, the CAS must  take a new decision in the doping case against Sun Yan Sun Yang with a different composition of the court of arbitration for sport.

Orininal french text of the judgement of the Swiss Federal Supreme Court in the case Sun Yang (4A_318/2020: Arrêt du 22 décembre 2020 – Ire Cour de droit civil)

The media privilege pursuant to article 28 SCC does not apply to individuals who share defamatory posts on Facebook

According to a ruling of the Swiss Federal Supreme Court of November 18, 2020 (6B_440/2019), a Facebook user who shares another person’s defamatory post published on Facebook cannot invoke the media privilege pursuant to article 28 Swiss Criminal Code (SCC), even though the Swiss Federal Supreme Court considered the social media platform Facbook to be a “medium” within the meaning of Article 28 SCC in the relevant context. However, the Swiss Federal Supreme Court ruled that the media privilege in the sense of this legal provision only applies to those persons who are necessarily active within the production and distribution chain typical for the medium which has to be determined in the context of each individual case.

 

1234