In an article published on the Mail Online 21 October 2012 headed òA family day out, the photographs showed Paul and his children Dylan (16) and twins John-Paul and Bowie (10 months) out shopping in the street in California and relaxing in a café. CASE OF VON HANNOVER v. GERMANY (No. Judge: Cabral Barreto P, Ress, Caflisch, Turmen, Zupancic, Hedigan & Traja JJ. View on Westlaw or start a FREE TRIAL today, VON HANNOVER v. GERMANY - 59320/00 [2004] ECHR 294 (24 June 2004), PrimarySources The way in which the photograph or article is published, the manner in which the person concerned is represented therein and the extent of dissemination may be important factors. All of our barristers are able to attend hearings and meetings with clients via telephone or video conference software. The photograph in Frau Aktuell was virtually identical and featured alongside a similar article. Press country profile - Germany - 3 - von Hannover v. Germany 07.02.2012 Complaint about the refusal of the German courts to prohibit the publication of holiday photos of the applicants (Princess Caroline von Hannover – daughter of the late Prince Rainier III of Monaco – and her husband Prince Ernst August von Hannover… How do I set a reading intention. [109], The Court noted that private individuals may have a particular protection under Article 8 because there is a “fundamental distinction” between “reporting facts capable of contributing to debate in a democratic society, relating to politicians in the exercise of their official functions for example, and reporting details of the private life of an individual who does not exercise such functions.” [110], In relation to this criteria, the fact that an individual has previously cooperated with the press may not serve as a trump card removing all protection against publication of the photo in question. The relevance of those considerations was repeated in very similar terms in Von Hannover v Germany (No 2) [2012] EMLR 16, at paragraphs 108 113. Sand Van Roy -v- Associated Newspapers - Katherine Hooley, Top 10 Defamation Cases of 2020: a selection - Suneet Sharma, Top 10 Defamation Cases of 2017, a selection - Suneet Sharma, Top 10 Privacy and Data Protection Cases of 2019: a selection – Suneet Sharma, Centre for Internet and Society – Stanford (US), Droit et Technologies d'Information (France), Michael Geist – Internet and e-commerce law (Can), Scandalous! Von Hannover v. Germany: lt;p|>|Not to be confused with the connected case von Hannover v. Germany No. As in Axel Springer, the Media Lawyers Association argued that Article 8 does not create an image right. 39954/08), Scoppola v Italy (No. Background The claim arose in respect of an article published online on 21 October 2012 by Mail Online. 8, Art. In a unanimous decision, the Grand Chamber found that Germany had not failed in its obligation to respect the applicants’ Article 8 rights when it refused to … Therefore the underlying intention of the See the previous decision Hirst v UK (No. It did, however, endorse the Federal Constitutional Court’s caution that where an article was merely a pretext for publishing a photograph of a prominent person, there would be no contribution made to the formation of public opinion or grounds for allowing the media’s Article 10 rights to prevail. May 16, 2021 / INFORRM / 0 Comments Data breaches have become common, and billions of records are stolen worldwide every year . 126/05), 22 May 2012. 22:47 Hunting for a fee. This is a question which the national courts must grapple with and, in light of Von Hannover¸ the wide margin it is afforded in doing so means that Strasbourg is unlikely to interfere with its conclusion. Rights (ECtHR) in Axel Springer AG v Germany1and von Hannover v Germany (No 2)2 have been hailed as good news for the media. [106] In its supervisory role, the Court saw fit to set out relevant criteria which domestic states should consider when considering how to strike the balance between the two rights: What amounts to “general interest” will depend on the circumstances of the case. 19 with some caution. The Applicants were clearly public figures. While in the first Von Hannover, the Court placed a great deal of emphasis on the exercise of official functions by the applicant – or lack thereof – this time, the focus was on how well known generally Princess Caroline was. 2), The European Court of Human Rights, sitting as a Grand Chamber composed of: Nicolas Bratza, President, Jean-Paul Costa, Françoise Tulkens, Josep Casadevall, Lech … Court: European Court of Human Rights (Grand Chamber), Judge: Nicolas Bratza P, Costa, Tulkens, Casadevall, Garlicki, Lorenzen, Jungwiert, Jaeger, Bjorgvinsson, Sikuta, Villiger, Guerra, Trajkovska, Tsotsoria, Kalaydjieva, Poalelungi & Pardalos JJ, Summary: Privacy - Photographs - Article 8 - public figure- public interest - injunction - debate of general interest, Appearances: In light of this omission and the existing provision in German case law for consideration of the circumstances in which photographs were taken, this factor did not require a more thorough examination by the Court. The impugned Professor Ansgar Ohly, Professor of Intellectual Property and Civil Law, University of Bayreuth and counsel for the German Government in von Hannover v. Germany (ECHR), offered a very thorough examination of the development of the protection of privacy and personality in Germany, variously through the Civil Code (art. 2) - [Bulgarian Translation] by the COE/ECHR. It further argued that for Article 8 to be engaged at all, a minimum level of seriousness should be required. 00044647/98) Release of CCTV footage of suicidal man breached Article 8 ECHR. Most of the media coverage of data breaches tends to focus on how the breach happened, how many records were stolen and the financial and legal impact of the incident for organizations and individuals affected by the breach. Von Hannover (no. Unlike Axel Springer, this judgment was unanimous and appears to place a higher value on the protection of one’s image than to the protection of one’s reputation, the latter of which must attain a certain level of seriousness in order to engage Article 8. The definition of what constitutes a matter of general interest will depend on the circumstances of the case and is not limited to political issues or crimes but extends as well to publications concerning sporting issues or performing artists. The photographs could only be published with her consent. 16 Thomas Gibbons, ‘‘Fair Play to All Sides of the Truth’: ... 39 Von Hannover v Germany (No 2) (2012) 32 BHRC 527, 528 40 Smartt (n 2) 16 . The ECtHR rejected this but it would have been a non-starter in Britain. The Judges as ‘creators’ of the law, are after all just individuals like you and myself…but that is another long debate…, Reblogged this on 12150088 and commented: Von Hannover v Germany (No 2) [2012] EMLR 16 Previous: Donald v … 2) ... 639-648 (2012). At least where the photographs are anodyne in character, and there has been no subterfuge or harassment in the taking of them, “public figures” seeking to prevent the publication of photographs will encounter greater difficulty in doing so where these are featured alongside articles that could reasonably be said to meet the general interest threshold. Von Hannover v Germany (Application no. case law princess caroline, Inforrm can be contacted by email inforrmeditorial@gmail.com. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Click here for further details. However, in Von Hannover (No.2), the Court was not willing to accept that the applicants, who were “undeniably well-known”, could be claimed to be “ordinary private individuals”. The court’s finding that the German court had acted within the margin of appreciation would appear to be an acceptance that the Article 8/Article 10 balance will not always be struck in the same way as the court conceived of it in the first von Hannover judgment. 5 Gray’s Inn Square It mainly presupposes the individual’s right to control the use of that image, including the right to refuse publication.” [96] In relation to Article 10, the Court reiterated the importance of “pluralism, tolerance and broadmindedness” in a democratic society and the corresponding necessity of information that is favourably received and that which “offends, shocks, or disturbs”. von Hannover v Germany. In any event, with a relaxation of the terms “public figure” and “debate of general interest”, the scope of what will constitute a Convention-compliant publication appears to have been widened, but also perhaps rendered less clear. I help students navigate the complexities of studying law and becoming a lawyer! In addition to these two recent developments, three recently decided cases prove that the Court’s willingness to uphold a wide margin of appreciation Absolutely right on the minimal effect on UK law, as I argue here: http://wp.me/pfo1I-9O . It followed that “they must, on the contrary, be regarded as public figures”. To what extent is the court entitled to take those other occasions into consideration? 823, art. The press had accordingly been entitled to report on the manner in which the prince’s children reconciled their obligations of family solidarity with the legitimate needs of their private life, namely the desire to go on holiday.
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