Thin-Skinned Palantir Loses Its Bid To Bully A Swiss Magazine Into Publishing Its Rebuttals To Embarrassing Reporting

from the swiss-slapp-suits dept

Earlier this year we wrote about the ridiculous thin-skinned executives at Palantir suing a small independent Swiss online magazine, Republik, that had reported on the great lengths the company had gone to, trying to get the Swiss government to purchase Palantir’s surveillance technology. Palantir knew they couldn’t sue for defamation because, you know, everything Republik reported was true. Instead, they sued, trying to invoke a Swiss “right of reply” law, claiming that because Republik refused to publish the press release Palantir wanted to run in response to the reporting, the magazine had violated the law.

As we said at the time, this is the height of entitlement. Palantir doesn’t get to tell Republik how and what it must publish.

And, thankfully, a court has agreed. Zurich’s commercial court rejected 22 of 23 claims that Palantir made.

The data analytics company lost on 22 out of 23 counts of the suit. In a ruling on Friday, Zurich’s commercial court dismissed the majority of counterstatement requests filed by the company and its Swiss subsidiary finding that only a single passage in one article warranted a published response from the company.

While the court agrees that there is a “right of reply” law in Switzerland, it has limitations:

While Swiss media law allows the subjects of a story to request a right of reply, this has caveats: the right of reply has to be concise and stick to the facts of the story.

The one count that stuck: the court found that a single passage in just one article warranted a limited published reply from Palantir.

Also, the court told Palantir to pay Republik for its legal expenses wasted on this SLAPP suit:

The court on Friday ordered Palantir to bear 95% of the 9,000 Swiss francs ($11,300; £8,400) court costs and to pay Republik 9,900 francs in legal expenses.

Of course, this case was always less about the ‘right of reply’ than about making it clear to anyone who reports critically on Palantir that the company will go to war with them, seeking any legal theory, no matter how ridiculous, to tie them up in court — the textbook logic of a SLAPP suit. Republik has said that defending the case cost the small organization quite a lot in time and resources:

Balz Oertli, a journalist with WAV research collective, said: “We invested a great deal of effort into this case, and we are very pleased with the outcome.”

Anyway, given that Palantir seems really upset about Republik’s reporting, it sure would be a shame if you decided to go read this critical reporting of Palantir’s relentless attempts to win business from the Swiss government.

Filed Under: chilling effects, free speech, right of reply, switzerland

Companies: palantir, republik