The German courts in this case found that two of the three photographs in question violated Princess Caroline’s right to privacy as enshrined in Article 8 of the European Convention on Human Rights (“ECHR”). Von Hannover v Germany (no. The Applicants are members of the Monaco royal family. The nature or seriousness of the intrusion and the consequences for the persons concerned must be considered. the father’s (the Prince’s) health. Link to the original URL of the specific case analysis, publication, update, blog or landing page of the down loadable content you are referencing. 2) Reference: (2012) 55 E.H.R.R. The applicants’ separate claim for an injunction against Frau Aktuell failed on similar grounds before the Federal Court of Justice on March 6, 2007. Rather it held that she was a “private” individual but equally known to the public for the reasons set out above. By virtue of Article 29 § 3 of the Convention, as worded at the relevant time, it also decided that the admissibility and merits of the case should be considered together. Rejecting the 1999 judgment of the German Constitutional Reiterating its case law that public figures could not claim the same protection for their private life as ordinary individuals, the Court considered that irrespective of the question whether and to what extent the First Applicant assumed official functions on behalf of the Principality of Monaco, it could not be claimed that the Applicants, who were undeniably well known, were ordinary private individuals. In that case Princes Caroline, despite “being known to the public”, was held to be a “private” individual, “in whom the interest of the general public and the press was based solely on the membership of the reigning family, whereas she herself did not exercise any official functions”. 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. Of the three photographs published in Frau im Spiegel, one was accompanied by an article describing the ill-health of Princess Caroline’s father, Prince Rainier III, the then reigning sovereign of Monaco (“the first photograph”). Mixed Outcome. In Von Hannover (No.2), the Court endorsed the German courts’ analysis that the subject matter of the article relating the illness affecting Prince Rainier and the conduct of his family during that illness qualified as an event of contemporary society. However, the decision narrowed allowable publications of photographs by requiring that the texts linked to articles concern the events or individuals appearing in the photographs. But the Court in Von Hannover (No.1) had never held Princess Caroline to be an “ordinary” private individual. What I would call a beyond acceptable choice on the media and its non-stop pursuit of what we consider to be values. App. The photograph in question therefore had a sufficiently close link with the event described in the article. Princess Caroline sought and obtained injunctions against further publication of some of the photographs as a result of the original Von Hannover case decided by the European Court of Human Rights (“ECtHR”) in 2005. 2) JUDGMENT to the German Government (“the Government”). F 020 7831 2686 2): ECHR 7 Feb 2012. 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Finland, Case of Independent Newspapers (Ireland) Limited v. Ireland, Verlagsgruppe Droemer Knaur GmbH v. Germany, Stiftung Gegen Rassismus und Antisemitismus v. Switzerland, Action by Sergey Bezrukov Concerning Constitutional Violations of His Rights by Article 152(1) of the Civil Code, The Case of Wikimedia Foundation Inc. and Others, The Case of Khadija Ismayilova v. Azerbaijan (no. In Von Hannover v. Germany' the European Court of Human Rights (ECHR) was pre-sented with a conflict between the freedom of the press and the right to protection of private life, specifically of public figures. All of our barristers are able to attend hearings and meetings with clients via telephone or video conference software. 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. The cases, Von Hannover v Germany (No 2) and in particular Axel Springer AG v Germany should be seen in a peculiarly German context in which “human dignity” and hence privacy, has tended to receive greater protection than … no. 59320/00, ECHR 2004-VI) in which the Court held that the court decisions had infringed the first applicant's right to respect for her private life, … In reaching its decision, the ECtHR followed the 5-point analysis it set out in the original Von Hannover case in 2005. The information centered exclusively on Princess Caroline’s private life and served merely entertainment purposes. Rts. 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. [117] 2) v. Germany and Axel Springer v. Germany both concerned publication by newspapers of various details of well-know figures. Court of HR, Axel Springer AG v. Germany, judgment of 7 February 2012, application no. After the success of that ruling, the Princess sought several other injunctions against publication, including the injunction in the present case. Court of HR, Von Hannover v. Germany (no. The judgments in Von Hannover (no. The illness affecting Prince Rainier constituted a matter of general interest. This test required the evaluation of the publication according to five criteria: (1) whether the information contributes to a debate of general interest; (2) the notoriety of the person or people concerned; (3) the prior conduct of the person concerned; (4) the content, form, and consequences of the publication; (5) the circumstances in which the photos were taken. Coram: Bratza P. Ratio: (Grand Chamber) The applicants alleged that the refusal by the German courts to grant an injunction against any further publication of photos of them infringed their right to respect for their private life as guaranteed by Article 8 … The Respondent is Germany. Second, the ECtHR found that, given the political position of the individuals concerned, they were undoubtedly public figures. 39954/08. In so far as the Applicants argued that the media would use any event of contemporary society as a pretext to justify the publication of photographs of them, the Court noted it was not its task to rule on the conformity of future publications. Thus, while the content of the articles contributed to a matter of public interest, the content of two of the three photographs in the article did not, and accordingly, the domestic courts did not err in suppressing further publication of those two photographs. Two third-party German magazines, Frau im Spiegel and Frau Aktuell, provided the circumstances that gave rise to the controversy. Projektet JURFAST er støttet med fire millioner fra Lundbeckfonden. In Von Hannover (No. 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: 40660/08 and 60641/08) against the Federal Republic of Germany lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Monegasque national, Princess Caroline von Hannover, and a German national, Prince Ernst August von Hannover (“the applicants”), on 22 August and 15 December 2008 … Thus, the domestic courts did not err in this part of their decision. Reference: [2004] EMLR 379; (2005) 40 EHRR 1. Although previous behavior would be scrutinized, the mere fact of having cooperated with the press on previous occasions could not serve as an argument for depriving a party of all protection against publication of the photograph at issue. 22:47 Hunting for a fee. 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. (4) The content, form and consequences of the publication. From 2002 to 2004, the German magazines, Frau im Spiegel and Frau Aktuell, published a series of photographs showing the Applicants, Princess Caroline of Monaco and her husband, on skiing holidays in St Moritz and Zürs. Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy: Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page. The applicant alleged that the … Firstly, whether the information contributes to a debate of general interest; second, how well known is the person concerned and the subject matter of the report; thirdly, the prior conduct of the person concerned; fourthly, content, form and consequences of the publication; and fifth, the circumstances in which the photos were taken. ECHR lowers the private life protection standard, von Hannover v Germany (no.2), 40660/08 On 07/02/2012 Her Royal Highness Princess Caroline von Hannover, Hereditary Princess of Monaco, and her husband lost proceedings against paparazzi before the European Court of Human Rights. 2) v. Germany and Axel Springer v. Germany both concerned publication by newspapers of various details of well-know figures. @article{4188987, abstract = {Short presentation of key issues in judgment ECtHR in the case Von Hannover nr. Given the way in which the balancing exercise would have been struck on similar facts under English law, it is debatable whether the decision affects the position here. The case originated in an application (no. IRIS 2004-8/2 and Von Hannover no. Ernst August, Prince of Hanover (German: Ernst August Albert Paul Otto Rupprecht Oskar Berthold Friedrich-Ferdinand Christian-Ludwig Prinz von Hannover Herzog zu Braunschweig und Lüneburg Königlicher Prinz von Großbritannien und Irland; born 26 February 1954), is head of the royal House of Hanover which held the thrones of the United Kingdom until 1901, of the former … It has been a mere week since we saw the message from some ‘experts’ on the daughter of David Beckham. Regarding the first photograph however, whilst it contained no information contributing to a debate of general interest, the same was not true of the accompanying text. The emergence of SARS-CoV-2 variants of concern (VOC), B.1.1.7 (United Kingdom), B.1.351 (South Africa) and … However, delays of boost immunization due to limited availability of vaccines may leave individuals vulnerable to infection and disease for prolonged periods. The European Court of Human Rights (“ECtHR”) found that two photographs depicting a royal family on holiday and published in two German newspapers violated the right to privacy pursuant to Article 8 of the European Convention on Human Rights (“ECHR”) because they did not reflect any matter of public interest detailed in the accompanying text. In this regard, the Court noted that the German courts had upheld an injunction forbidding the publication of the two other photographs showing the Applicants in similar circumstances, precisely on the grounds that they were being published for entertainment purposes alone. Finally, the ECtHR found that the domestic courts did not err in their application of the German law on the circumstances constituting harassment or other illegal circumstances under which a photograph may be taken. Thus, the claim against Frau im Spiegel failed. In sum, the ECtHR found no fault with the German courts’ application of the requirements set out by the previous Von Hannover case. L. Rev. London WC1R 5AH, T 020 7242 2902 The Court however did not engage with the Applicants’ alleged continuous attempts to shelter their private lives from press intrusion. 2),1 the ECtHR determined the scope of judicial freedom in national courts in balancing the protection for private life under Article 8 and the freedom of the press under Article 10 of the European Convention on Human Rights (‘‘ECHR’’ or ‘‘Convention’’).2 In short, the ECtHR endorsed the German The HUDOC database provides access to the case-law of the Court (Grand Chamber, Chamber and Committee judgments and decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports) and the Committee of Ministers (resolutions) The Applicants applied to the ECHR alleging a breach of their Art 8 rights. 2), the ECHR takes its own attitude of judicial self-restraint seriously. 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. View on Westlaw or start a FREE TRIAL today, Von Hannover v. Germany (no. 2), judgment of 7 February 2012, Court: European Court of Human Rights. The Court accepted that the photographs in question, considered in light of the accompanying articles relating to Prince Rainier’s illness, did contribute, at least to some degree, to a debate of general interest. von Hannover v Germany (No. COVID-19 update: 5RB is open for business and continues in full operation. ... Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018 In Von Hannover v. Germany (No. The applicants applied to the ECtHR alleging a breach of their Article 8 rights. In this case, the ECtHR upheld its previous decisions linking the content of articles to the content of accompanying texts, and allowing a broad definition of “public interest” where accompanying texts concern public officials. Information 3), http://www.5rb.com/case/von-hannover-v-germany-2/, https://inforrm.wordpress.com/2012/02/10/case-law-von-hannover-v-germany-no-2-unclear-clarification-and-unappreciated-margins-kirsten-sjovoll/. 59320/00) was a case decided by the European Court of Human Rights in 2004. The Applicants were clearly public figures. 1. It followed that “they must, on the contrary, be regarded as public figures”. 40660/08 ; 60641/08) . Whether the person photographed gave their consent to the taking of the photographs and subsequent publication or whether this was done without their knowledge or by subterfuge will be relevant considerations. However, a third photograph depicted a Prince in poor health, and since the health of the Prince was a matter of public concern the ECtHR found no violation of Article 8. Thus, the domestic courts did not err in this finding. 2 v. Germany, IRIS 2012-3/1). Date of judgment: 7 Feb 2012. Vaccine-induced neutralizing antibodies are key in combating the COVID-19 pandemic. Media coverage of celebrities’ private lives: acceptable if in the general interest and if in reasonable balance with the right to respect for private life. In relation to the third photograph, although the article referred to an event of contemporary society that was a matter of general interest (the Rose Ball in Monaco), there was no connection between the photograph and the event. Two victories for the press in the European Court of Human Rights in privacy cases Axel Springer v Germany (App No 39954/08) and Von Hannover v Germany (No.2) (App Nos. The photograph that was the subject of the litigation was 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. Decision Overview. Links: Bailii. 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. 15. Eur. This field is for validation purposes and should be left unchanged. MPS press release libel claim dismissed following trial, Defendant’s appeal dismissed in Millett v Corbyn, Can’t Pay? 593 (2004).Google Scholar Hum. This time the Princess of Monaco lodged an appeal in Strasbourg relating to the refusal by the German courts to grant an injunction prohibiting any further publication of a photograph of her and her husband. 2) 40660/08 [2012] ECHR 228 (7 February 2012), PrimarySources It did so on the grounds that the information value of the photograph fell to be assessed in the context of the accompanying article. Whether the refusal by the German courts to grant an injunction against any further publication of the photographs infringed the Applicants’ right to respect for their private life under Article 8 of the Convention. 5 Gray’s Inn Square DX LDE 1054, Barristers regulated by the Bar Standards Board. In Springer, however, five judges dissent: they think that the German court’s decision about whether the story of an actor taking drugs is of … Gray’s Inn First, the ECtHR found that, although the photos involved a public figure, the content of the articles did not reflect the content of the photographs. Richard Munden (Interested Party). German/British Royal. The Applicants alleged that the photographs had been taken in a climate of general harassment, yet had not adduced specific evidence of unfavourable circumstances before the domestic courts. The third, however, which depicted the poor health of the Princess’s father, involved a matter of public concern, i.e. The judgments in Von Hannover (no. Attribute Columbia Global Freedom of Expression as the source. Of the two, Axel Springer is arguably of more significance, and resulted in a divided Grand Chamber (12-5 majority) finding a violation of Article 10. In one of the photographs, Princess Caroline’s father appeared, and the accompanying article commented on his apparent ill health. Ct. H.R. (5) The circumstance in which the photos were taken. References: [2012] ECHR 228, 40660/08, 60641/08. In the peerage of Great Britain, he was Duke of Cumberland. Judge: Cabral Barreto P, Ress, Caflisch, Turmen, Zupancic, Hedigan & Traja JJ. (2) The notoriety of the person concerned. This decision further clarifies the ECtHR’s previous holdings – including but not limited to the original Von Hannover case – concerning allowable publications of photographs depicting the private lives of public officials. The photographs could only be published with her consent. Third, the ECtHR found that, although the applicants had cooperated with the press in the past, this mere fact was not sufficient to demonstrate consent for publication of the photographs in question. 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