Questione giuridica chiave
Whether refusing provisional personality-protection measures because other websites also carried the articles was arbitrary under Art. 9 Cst. and Art. 28c CC.
Decisione estratta
Yes. A measure against one participant in the infringement can be adequate even if the same material remains accessible elsewhere; otherwise personality protection would be illusory.
Motivazione estratta
The court held that a victim may proceed against any participant in the infringement. Proportionality requires that the measure be suitable within the respondent's sphere of influence, not that it eliminate every possible source of dissemination. The cantonal court therefore applied Art. 28c CC in an untenable way by denying protection solely because search engines could still reach other sites.