3) is the third claim of Princess Caroline von Hannover to reach the European Court of Human Rights (“the Court”) since 2004, seeking to prevent the publication by German magazines of photographs depicting her private life. DX LDE 1054, Barristers regulated by the Bar Standards Board. Princess wins landmark privacy ruling - The Guardian, MPS press release libel claim dismissed following trial, Defendant’s appeal dismissed in Millett v Corbyn, Can’t Pay? Prima facie, such an article could not be said to be merely a pretext for publishing photographs of celebrities. Talk:Von Hannover v Germany. Princess Caroline von Hannover, and a German national, Prince Ernst August von Hannover (“the applicants”), on 22 August and 15 December 2008 respectively. Those proceedings were the subject of the Von Hannover v. Germany judgment of 24 June 2004 (no. Gray’s Inn Few decisions of the European Court of Human Rights … However, the German Court considered that the applicant, who was undeniably a contemporary “public figure”, had to tolerate the publication of photographs of herself in a public place, even if they showed her in scenes from her daily life rather than engaged in her official duties. The second question is not posed in Von Hannover (No. CYB3RCRIM3 – Observations on technology, law and lawlessness. Von Hannover v Germany (no 3) in the European Court of Human Rights. 3) end and the protection of privacy begin? The Court applied the five considerations set out in Von Hannover (no. The judgments in Von Hannover (no. Significantly, the judgment set out five criteria relevant to balancing competing Article 8 and Article 10 rights. [56], 5. [51] One is inclined to sympathise with the applicant’s contention that unlike the article in Von Hannover (No. When seen in connection with the Court's case law, the von Hannover judgment is a setback for the popular press, but it does not endanger the structures of the freedom of the press per se. Von Hannover loses her Article 8 complaint. Princess wins landmark privacy ruling - The Guardian Von Hannover v Germany: ECHR 24 Jun 2004. July 28, 2005). [51] The Court concluded that the German courts’ qualification of the subject as an event of contemporary society “could therefore not be described as unreasonable”. In so doing, the ECtHR drew a distinction between the publication of photographs The German courts reacted by adopting a new approach under which the newsworthiness of a photo had to be determined in every single instance (this development of German case law is described in the ECHR’s judgment in Von Hannover v. Germany (No. 2) v. Germany and Axel Springer v. Germany both concerned publication by newspapers of various details of well-know figures. There had been a violation of Article 8. 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… Princess Caroline of Monaco who had, at some time, received considerable attention in the media throughout Europe, complained at the publication of photographs taken of her withour her permission. Summary: Human Rights- Privacy - Paparazzi - Photographs - Reasonable Expectation of Privacy - Public Place - Freedom of Expression. The article featured alongside several photographs of the villa, as well as one photograph showing Princess Caroline and her husband on holiday in an unidentifiable location (“the photograph”). 30 of 22 July 1993) 11. The Court’s deference to national courts in Von Hannover (No. 3) dates from 20 March 2002. The media have been relying on their right of freedom of expression to invade individuals in the public eyes or celebrities to expose their private life in the public. The Court unanimously held that the German Federal Court’s refusal to grant an injunction prohibiting any further publication of the photograph did not constitute a breach of the applicant’s privacy rights as enshrined in Article 8. Date of judgment: 24 Jun 2004. Von Hannover v Germany [2004] (Application no. There was a case comment on Axel Springer here .) Accordingly, the ECtHR unanimously found no violation of the … All of our barristers are able to attend hearings and meetings with clients via telephone or video conference software. [55], 4. [52], The Court further remarked the text gave practically no details relating to the private life of the applicant and her husband, focusing instead of the characteristics of the von Hannover villa [51]. The applicants alleged that the refusal by the German courts to grant an injunction against any further publication of photos of them infringed The point can be illustrated by considering a hypothetical article describing the risk of sun exposure and the example set by celebrities sporting year-long tans. 2. Summary: Privacy - human rights - public interest - public figure - debate of general interest - photographs. 2) (nos. Von Hannover v Germany: Waterloo for the paparazzi? Thus, the domestic courts did not err in this part of their decision. The case of Von Hannover v Germany (No. 40660/08 ; 60641/08) . A referral to the Grand Chamber, dealing with the uncertainties posed by Von Hannover (No. Ct. H.R. 1. [47]. [56], Overall, the Court considered that the German courts had given due consideration to the five criteria for the balancing exercise. 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, a right guaranteed by Article 8 of the Convention. Whether the information contributes to a debate of general interest, The German courts, the Court noted, had taken the view that, while the photograph in question had not contributed to a debate of general interest, the same could not be said of the accompanying article [48]. It has been a mere week since we saw the message from some ‘experts’ on the daughter of David Beckham. No. 22:47 Hunting for a fee. 2). The Court, however, found that the German courts’ reasoning indicated that this had been considered “in substance”. The present case is a borderline case. The Court’s judgment on 19 September 2013 follows a six-year appeal process in the German courts. The threshold for contributing to a debate of general interest would now most certainly be met. [56] The Court concluded that the circumstances therefore did not require a more thorough examination as Princess Caroline had not put forward any “particular” circumstances before the domestic courts so as to justify prohibiting publication of the photograph. von Hannover v Germany. 3), would certainly be of interest, not least to those celebrities seeking to protect their private lives from photographic intrusion. Instead, the judgment missed the opportunity to address the situation where the article genuinely relates to a debate of public interest, but to which the photograph in question is not sufficiently linked. 13. The notoriety of the person concerned, The Court restated that the applicant and her husband must be regarded as public figures, unable to claim the same protection for their private life as ordinary private individuals. See Von Hannover v. Germany, App. Where the balancing exercise has been undertaken in conformity with the criteria laid down in the Court’s case law, the Court will require “strong reasons” to substitute its view for that of the domestic courts. The outcome in Von Hannover (No. the full judgment is available only in French, News: Court of Human Rights, Grand Chamber to hear Delfi case | LSE Media Policy Project, Top 10 Privacy and Data Protection Cases of 2019: a selection – Suneet Sharma, Top 10 Defamation Cases of 2020: a selection - Suneet Sharma, Capitalism versus capitalism: Fox News and ‘strategic lying’ - Bart Cammaerts, Here’s how much your personal information is worth to cybercriminals, and what they do with it - Ravi Sen, Centre for Internet and Society – Stanford (US), Droit et Technologies d'Information (France), Michael Geist – Internet and e-commerce law (Can), Scandalous! Enter your email address to subscribe to this blog and receive notifications of new posts by email. Von Hannover v Germany (no. Council of Europe: Von Hannover v. Germany Council of Europe: Von Hannover v. Germany Rudolf, Beate 2006-07-01 00:00:00 Beate Rudolf* European Convention on Human Rights—balancing freedom of the press and privacy—public figures—lack of legitimate public interest in private lives of celebrities—Von Hannover v. Germany. The decision in Von Hannover v Germany (No. The Court ruled that German law breached Article 8 of the European Convention on Human Rights. Together with Peck, it is likely to force the English Courts (and the Press Complaints Commission) to reconsider their refusal to accept that photographs of individuals taken in public or semi-public places can be protected by the law of privacy. Post was not sent - check your email addresses! F 020 7831 2686 It did so on the ground that their need for protection of their intimacy was greater than that of adults. The applicant The applicant stated that she had spent more than ten years in unsuccessful litigation in the German courts trying to establish her right to the protection of her private life. The first series of photos (a) The five photos of the applicant published in Freizeit Revue magazine (edition no. Everyone, including celebrities, had a “legitimate expectation” that his or her private life would be protected. The publication of the photographs was found to infringe the applicant’s Article 8 rights. 1 page) Yet in view of the misunderstandings caused by its unclear phrasing and superficial distinctions, the Court should clarify the standards for determining the public interest in light of public figures' legitimate … When giving judgment in Princess Caroline’s first claim (Von Hannover v Germany ((2005) 40 EHRR 1)), Judge Zupančič, concerned that the German courts had made a “fetish of the freedom of the press”, expressed the time had come for the pendulum to swing to a different kind of balance between “what is private and secluded and what is public and unshielded”. 2) and Axel Springer AG for balancing the right to respect for private life against the right to freedom of expression. Addressing the latter as a stand-alone question in Von Hannover (No. 2) is the second of two given on 7 February 2012 by the Grand Chamber concerning the balancing of privacy and freedom of expression. [38]. 2). Noting (a) the contribution made by the article to a debate of general interest and (b) the absence of any details relating to the applicant’s private life, the judgment then reads “Consequently, the Court could not support the contention that the article was merely a pretext for publishing the photo and that a purely artificial link exists between the two”. 3) is the third time, since 2004, that Princess Caroline von Hannover has complained to the European Court of Human Rights (“the Court”) of failures by the German courts to prevent the publication of photographs which she claims depict her engaged in private activities. Reference: Application No.8772/10 Court: European Court of Human Rights (Fifth Section) Date of Judgment: 9 September 2013 Von Hannover v Germany (No. Of the two, Axel Springer is arguably of more significance, and resulted in a divided Grand Chamber (12-5 majority) finding a … There is no explanation offered as to why, if at all, a photograph showing Princess Caroline and her husband at an unidentified location was sufficiently linked to the article, which, by the Court’s own admission, “focused mainly on the practical details relating to the villa and its location”. Von Hannover v. Germany (no. The International Forum for Responsible Media Blog. Statement in Open Court, Sahota v Middlesex Broadcasting Corporation Ltd & Ors, Duchess of Sussex v Associated Newspapers Ltd, (1) Williams (2) Wickham-Jones (3) Lownie v (1) IC (2) FCDO. It went on to describe in detail the von Hannover family villa, located on an island of the Kenyan coast, setting out the furnishings, daily rental cost and activities in the area. 1. 2): ECHR 7 Feb 2012 (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 of the Convention. The circumstances in which the photograph was taken, Finally, the Court observed that Princess Caroline had failed to adduce evidence before the German courts that the photograph had been taken “surreptitiously or by equivalent means”. Rejecting the 1999 judgment of the German Constitutional 3) would, it is submitted, have yielded a more balanced analysis. Whether the decisions of the German courts infringed her right to respect for her private life under Article 8 because they failed to afford her adequate protection from the publication of photographs taken without her knowledge by paparazzi. A superficial reading of the press release might lead one to think the decision does little more than restate the criteria set out in Von Hannover (No. The distinction turns on the analysis of the criterion “contribution to a debate of general interest” at [50]-[52]. What I would call a beyond acceptable choice on the media and its non-stop pursuit of what we consider to be values. 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. [117] Two questions are essentially addressed in this passage: (1) does the article contributed to a debate of general interest and (2) was the photograph linked to the information being conveyed in the article? This time, the Court agreed with the German courts’ analysis and held that the publication, and supporting photograph, contributed to a debate of general interest. 2. At present, the full judgment is available only in French, although there is an official press release in English. 59320/00) - found a violation of the Applicant‟s Article 8 rights as the domestic courts had not struck the correct balance to protect the Applicant‟s private life effectively. This could “generate reactions and a dialogue among readers”, thereby “contributing to a debate of general interest”. Further, the ECHR’s insistence that the value of the speech must be taken into account in the balancing of Article 10 and Article 8 rights potentially further threatens the typical sort of celebrity kiss ‘n’ tell story which forms the staple diet of many tabloids and celebrity magazines. Field Fisher Defamation Law Blog, Simon Dawes: Media Theory, History and Regulation, Social Media Law Bulletin (Norton Rose Fulbright), Data protection and privacy global insights – pwc, Norton Rose Fulbright Data Protection Report, Privacy and Information Security Law Blog – Hunton Andrews Kurth, Agencia Española de Protección de Datos (in Spanish), BfDI (Federal Commissioner for Data Protection)(in German), Council of Europe – Freedom of Expression, Freedom of Expression Institute (South Africa), US Immigration, Freedom of Information Act and Privacy Act Facts. Judge: Cabral Barreto P, Ress, Caflisch, Turmen, Zupancic, Hedigan & Traja JJ. [51], It is submitted that, in this passage, the Court conflates several principles that should have been dealt with separately. We’ll Take it Away! 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. 3). 59320/00) was a case decided by the European Court of Human Rights in 2004. 3) follows the momentum of the pendulum swinging back towards freedom of the press in Von Hannover (No. The European Court of Human Rights handed down its chamber judgment on 19 September 2013 regarding a complaint by Princess Caroline von Hannover under Article 8 of the European Convention on Human Rights. It could not, consequently, be claimed that the article was a “mere pretext for publishing the photograph and that the link between the two was purely artificial”. [53], 3. Although freedom of expression extended to the publication of photographs, the rights and reputation of others took on particular importance as the photographs did not concern the dissemination of “ideas”, but of images containing very personal or even intimate “information” about an individual. Should Von Hannover (No. If publishers are able to ensure celebrity photographs are repeatedly accompanied by legitimate stories, where does the remit of Von Hannover (No. Alexia Bedat is qualifying as a barrister, and will shortly be working as a legal assistant at the French media law practice Bauer & Bigot in Paris, This post was originally written for the ACK Media Law Blog, Freedom of expression, Human Rights, Privacy, Inforrm can be contacted by email inforrmeditorial@gmail.com. The Court referred in that connection to the freedom of the press and to the public’s legitimate interest in knowing how such a person generally behaved in public. On 24 June the European Court of Human Rights handed down a judgment in the case of von Hannover v Germany which may radically alter the extent to which the paparazzi and tabloid press are permitted access to the private lives of celebrities. 1 page) Ask a question VON HANNOVER v. GERMANY - 59320/00 [2004] ECHR 294 (24 June 2004) Toggle Table of Contents Table of Contents. The celebrities on the other hand have challenged the publication of their private life as a breach of their private right. The photograph in question showed Princess Caroline and her husband on their skiing holiday in St.Moritz. 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 in other European countries – including Britain. By glossing over the need for a link between the photograph and the accompanying article, the Court has placed celebrities in something of a predicament. Von Hannover v Germany (No. In sum, the ECtHR found no fault with the German courts’ application of the requirements set out by the previous Von Hannover case. [58]. In this article, I will be examining the case of Mosley The unsuccessful challenge brought by Princess Caroline related to the latter photograph only. These were: contribution to a debate of general interest; 2 v. Germany (see IRIS 2012-3/1) in which it set forth the relevant criteria for balancing the right to respect for private life (Article 8) against the right to freedom of expression (Article 10). 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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. Princess wins tabloid privacy war - BBC, 5 Gray’s Inn Square 20. It is submitted that the Court’s application of this criterion to the facts is incomplete. [58], The judgment offers a clear example of the Court’s increasingly “light-touch” approach to reviewing privacy challenges since Von Hannover (No. 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 respectively. The purpose of the article was to relay the trend among celebrities of renting their holiday homes. Content, form and consequences of the publication, The Court noted that the German courts had designated the picture as being of “little format” and not of itself capable of constituting a violation of Article 8. This field is for validation purposes and should be left unchanged. This, the Court concluded, constituted “sufficient consideration” for the purpose of balancing the competing interests at stake. The PCC routinely dismisses complaints on the grounds that a person cannot have a reasonable expectation of privacy for activities that take place in public or semi-public places. The prior conduct of the person concerned, The Court raised the point made by the applicant that the German courts had failed to “explicitly” consider her efforts to keep her private life out of the press, as manifested by previous legal actions. It stands as a further example of the difficulties of the English Court’s attempt to “shoe-horn” the law of privacy into the law of breach of confidence. Date of judgment: 19 Sep 2013. She alleged that as soon as she left her house she was constantly hounded by paparazzi This is another significant decision from the ECHR on privacy. Closer consideration of the full judgment, however, suggests this may not be the case. Applying Von Hannover (No.3), editors could conceivably have carte blanche to publish, alongside such an article, photographs of tanned celebrities on holiday, which might satisfy public curiosity but would not actually support the information being conveyed as to the risk of sun exposure. [117] It constituted a subject on which magazines were entitled to report, and to include the photographs in question “as these supported and illustrated the information being conveyed.” The Court further noted that the German courts had found a “sufficiently close link between the photo and the event described in the article”. The publication at issue in Von Hannover (No. In recent years, the law on privacy has developed from the time of the traditional breach of confidence cases such as Coco v Clark (1969) and Attorney-General and Observer Ltd. v. Times Newspapers Ltd. (“Spycatcher “) to the Human Right era with cases such as Von Hannover v Germany (2005) , Campbell v Mirror Group Plc (2004) , PG and JH v United Kingdom (2001) . 59320/00, Just Satisfaction—Friendly Settlement (Eur. On 15 December 1999 the Federal Constitutional Court of Germany granted Princess Caroline of Monaco an injunction restraining the publication of photographs in which she appeared with her children. 2)). VON HANNOVER v. GERMANY - 59320/00 [2004] ECHR 294 (24 June 2004) Practical Law Case Page D-006-4546 (Approx. The recent increase in intrusion of individuals in the public eye private life by the media has given very much attention about the law on privacy. Jump to navigation Jump to search. The decisive factor in balancing Articles 8 and 10 lay in the contribution that the photographs and articles made to a debate of general interest. It accompanied an article describing the ill-health of her father, Prince Rainier III, the then reigning sovereign of Monaco. These photos show her with the actor Vincent Lindon at the far end von Hannover v. Germany (no. 3) and the manner in which it glossed over the need for a link between articles of general interest and the photographs which accompany them highlight this shift. The publication of the photographs … von Hannover v Germany (No. [52], 2. The status quo, heralded as a victory for the protection of public figures’ privacy rights, underwent a sea change with Von Hannover (No.2) in 2012. Paparazzi photographs were often taken in a climate of continual harassment which induced in the person concerned a very strong sense of intrusion into their private life or even of persecution. COVID-19 update: 5RB is open for business and continues in full operation. The photographs, considered in light of the article, were found to contribute to a debate of general interest, not because they supported and illustrated the information being conveyed, as in Von Hannover (No. Sorry, your blog cannot share posts by email. 40660/08 and 60641/08) 7 February 2012 The applicants, Princess Caroline von Hannover and her husband Prince Ernst August von Hannover, complained of the German courts’ refusal to prohibit any further publication of two photographs which had been taken during their holiday without their knowledge and In these circumstances, and having regard to the margin of appreciation enjoyed by Contracting States, the Court unanimously concluded that the German courts had complied with their positive obligations under Article 8. This sum comprises €10,000 in compensation for nonpecuniary damage and € 105,000 for costs and expenses, including taxes. When giving judgment in Princess Caroline’s first claim (Von Hannover v Germany ((2005) 40 EHRR 1)), Judge Zupančič, concerned that the German courts had made a “fetish of the freedom of the press”, expressed the time had come for the pendulum to swing to a different kind of balance between “what is private and secluded and what is public and unshielded”. 2) 40660/08 [2012] ECHR 228 (7 February 2012) Practical Law Case Page D-011-1468 (Approx. 3) Judge: Villiger P, Nußberger, Power-Forde, Yudkivska, Lemmens, Jäderblom & Pejchal JJ. Publishers now need only show that the article contributes to a debate of general interest, not how or why the photograph in question supports such a contribution. London WC1R 5AH, T 020 7242 2902 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 Mone-gasque national, Princess Caroline von Hannover, and a German national, Prince Ernst August von Hannover (“the applicants”), on 22 August and 15 December 2008 respectively. The general public did not have a legitimate interest in knowing the Applicant’s whereabouts or how she behaved generally in her private life even if she appeared in places that were not private. 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) Ress, Caflisch, Turmen, Zupancic, Hedigan & Traja JJ by Hannover! 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