Should Von Hannover (No. 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. She alleged that as soon as she left her house she was constantly hounded by paparazzi There had been a violation of Article 8. 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 publication at issue in Von Hannover (No. 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. Brett Wilson, Solicitor, Media Law (3- 6 PQE), Mishcon de Reya, Associate – Reputation Protection 1-5 PQE, Facebook, Litigation Counsel: Dublin, London. 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. [55], 4. 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. 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. We’ll Take it Away! The Court’s deference to national courts in Von Hannover (No. VON HANNOVER v. GERMANY – PDJ 3 Bunte and Freizeit Revue and by the publishing company Heinrich Bauer in the German magazine Neue Post. If publishers are able to ensure celebrity photographs are repeatedly accompanied by legitimate stories, where does the remit of Von Hannover (No. Von Hannover v. Germany (no. 1. 1 page) 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. The unsuccessful challenge brought by Princess Caroline related to the latter photograph only. This, the Court concluded, constituted “sufficient consideration” for the purpose of balancing the competing interests at stake. In sum, the ECtHR found no fault with the German courts’ application of the requirements set out by the previous Von Hannover case. [51] One is inclined to sympathise with the applicant’s contention that unlike the article in Von Hannover (No. Reference: [2004] EMLR 379; (2005) 40 EHRR 1, Judge: Cabral Barreto P, Ress, Caflisch, Turmen, Zupancic, Hedigan & Traja JJ, Summary: Human Rights- Privacy - Paparazzi - Photographs - Reasonable Expectation of Privacy - Public Place - Freedom of Expression. Those proceedings were the subject of the Von Hannover v. Germany judgment of 24 June 2004 (no. There was a case comment on Axel Springer here .) This could “generate reactions and a dialogue among readers”, thereby “contributing to a debate of general interest”. The first series of photos (a) The five photos of the applicant published in Freizeit Revue magazine (edition no. 1. 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. 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… Von Hannover v Germany: Waterloo for the paparazzi? Post was not sent - check your email addresses! 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 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. 3). 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”. 2)). 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. These photos show her with the actor Vincent Lindon at the far end Reference: Application No.8772/10 Court: European Court of Human Rights (Fifth Section) Date of Judgment: 9 September 2013 Von Hannover v Germany (No. The distinction turns on the analysis of the criterion “contribution to a debate of general interest” at [50]-[52]. July 28, 2005). von Hannover v Germany. Summary: Human Rights- Privacy - Paparazzi - Photographs - Reasonable Expectation of Privacy - Public Place - Freedom of Expression. Enter your email address to subscribe to this blog and receive notifications of new posts by email. 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. Gray’s Inn The applicants alleged that the refusal by the German courts to grant an injunction against any further publication of photos of them infringed 22:47 Hunting for a fee. The outcome in Von Hannover (No. It accompanied an article describing the ill-health of her father, Prince Rainier III, the then reigning sovereign of Monaco. 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. In this article, I will be examining the case of Mosley 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. 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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”. 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. 40660/08 ; 60641/08) . 3) would, it is submitted, have yielded a more balanced analysis. 3). 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). 1 page) Ask a question VON HANNOVER v. GERMANY - 59320/00 [2004] ECHR 294 (24 June 2004) Toggle Table of Contents Table of Contents. "von Hannover v Germany, Association of German Magazine Publishers (intervening) and Hubert Burda Media GmbH & Company KG (intervening), Merits, App No 59320/00, ECHR 2004-VI, [2004] ECHR 294, (2005) 40 EHRR 1, [2004] EMLR 21, 16 BHRC 545, IHRL 2855 (ECHR 2004), 24th June 2004, European Court of Human Rights [ECHR]" published on by Oxford University Press. The purpose of the article was to relay the trend among celebrities of renting their holiday homes. [52], 2. 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. 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! 59320/00, Just Satisfaction—Friendly Settlement (Eur. 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. VON HANNOVER v. GERMANY - 59320/00 [2004] ECHR 294 (24 June 2004) Practical Law Case Page D-006-4546 (Approx. Prima facie, such an article could not be said to be merely a pretext for publishing photographs of celebrities. The judgments in Von Hannover (no. 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. 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. The Court ruled that German law breached Article 8 of the European Convention on Human Rights. [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. 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. 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. The celebrities on the other hand have challenged the publication of their private life as a breach of their private right. It is submitted that the Court’s application of this criterion to the facts is incomplete. [53], 3. 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. 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. Judge: Cabral Barreto P, Ress, Caflisch, Turmen, Zupancic, Hedigan & Traja JJ. The second question is not posed in Von Hannover (No. 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. Few decisions of the European Court of Human Rights … The case of Von Hannover v Germany (No. Talk:Von Hannover v Germany. 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”). Thus, the domestic courts did not err in this part of their decision. 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. 2), but because it could not be said the article was a mere pretext for publishing the photograph. 20. 13. 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 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. This field is for validation purposes and should be left unchanged. 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. This is another significant decision from the ECHR on privacy. 2) is the second of two given on 7 February 2012 by the Grand Chamber concerning the balancing of privacy and freedom of expression. 2) (nos. CYB3RCRIM3 – Observations on technology, law and lawlessness. What I would call a beyond acceptable choice on the media and its non-stop pursuit of what we consider to be values. 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. 59320/00) was a case decided by the European Court of Human Rights in 2004. Addressing the latter as a stand-alone question in Von Hannover (No. In so doing, the ECtHR drew a distinction between the publication of photographs 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”. Ct. H.R. Rejecting the 1999 judgment of the German Constitutional These developments have lead to the … The German magazine 7 Tage published an article relating to the recent trend among celebrities of renting out their holiday homes. 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. [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]. 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. 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]. The International Forum for Responsible Media Blog. [52] The Court could therefore “accept that the photograph in question, considered in light of the accompanying article, did contribute, at least to some degree, to a debate of general interest”. 2) 40660/08 [2012] ECHR 228 (7 February 2012) Practical Law Case Page D-011-1468 (Approx. 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. 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. 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. [56], Overall, the Court considered that the German courts had given due consideration to the five criteria for the balancing exercise. The Court applied the five considerations set out in Von Hannover (no. Little is left of the comparatively austere legacy of the first Von Hannover ruling, in which Princess Caroline was held to be a private figure and her daily business not to contribute to an event of contemporary society. 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. This sum comprises €10,000 in compensation for nonpecuniary damage and € 105,000 for costs and expenses, including taxes. 2), there was effectively no link between the article and photograph in Von Hannover (No. [56], 5. 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. 2) v. Germany and Axel Springer v. Germany both concerned publication by newspapers of various details of well-know figures. Of the two, Axel Springer is arguably of more significance, and resulted in a divided Grand Chamber (12-5 majority) finding a … 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. Everyone, including celebrities, had a “legitimate expectation” that his or her private life would be protected. Von Hannover v Germany (No. [47]. Accordingly, the ECtHR unanimously found no violation of the … The European Court refers to its judgments in Axel Springer AG v. Germany and Von Hannover no. [51], It is submitted that, in this passage, the Court conflates several principles that should have been dealt with separately. 2). [38]. London WC1R 5AH, T 020 7242 2902 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. Date of judgment: 19 Sep 2013. Von Hannover v Germany: ECHR 24 Jun 2004. 1) (Application no. [58]. 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) . 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 … Ctrl + Alt + T to open/close. It did so on the ground that their need for protection of their intimacy was greater than that of adults. Sorry, your blog cannot share posts by email. 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. It has been a mere week since we saw the message from some ‘experts’ on the daughter of David Beckham. 3) end and the protection of privacy begin? 30 of 22 July 1993) 11. Princess Caroline von Hannover, and a German national, Prince Ernst August von Hannover (“the applicants”), on 22 August and 15 December 2008 respectively. 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. 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”. Princess wins landmark privacy ruling - The Guardian Von Hannover loses her Article 8 complaint. The publication of the photographs was found to infringe the applicant’s Article 8 rights. The Court, however, found that the German courts’ reasoning indicated that this had been considered “in substance”. von Hannover v Germany (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. 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. The publication of the photographs … Summary: Privacy - human rights - public interest - public figure - debate of general interest - photographs. At present, the full judgment is available only in French, although there is an official press release in English. 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. [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”. F 020 7831 2686 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). 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. 3) Judge: Villiger P, Nußberger, Power-Forde, Yudkivska, Lemmens, Jäderblom & Pejchal JJ. 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 The judgment fails to engage with the link between the photograph and the article in question, setting an uncomfortable precedent for celebrity figures. All of our barristers are able to attend hearings and meetings with clients via telephone or video conference software. The threshold for contributing to a debate of general interest would now most certainly be met. Closer consideration of the full judgment, however, suggests this may not be the case. 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? Princess wins tabloid privacy war - BBC, 5 Gray’s Inn Square 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. See Von Hannover v. Germany, App. COVID-19 update: 5RB is open for business and continues in full operation. These were: contribution to a debate of general interest; 3) dates from 20 March 2002. 2. 3), would certainly be of interest, not least to those celebrities seeking to protect their private lives from photographic intrusion. Von Hannover v Germany [2004] (Application no. 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. Date of judgment: 24 Jun 2004. [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”. von Hannover v. Germany (no. 3) become final – the Chamber judgment is subject to challenge by either party for a period of three months following its delivery – the decision will endow publishers with substantially greater protection then its predecessor did. 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”. 2). 3) follows the momentum of the pendulum swinging back towards freedom of the press in Von Hannover (No. Von Hannover v Germany (no 3) in the European Court of Human Rights. Von Hannover v Germany (no. Click here for further details. 2. The present case is a borderline case. 2) and Axel Springer AG for balancing the right to respect for private life against the right to freedom of expression. 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. Significantly, the judgment set out five criteria relevant to balancing competing Article 8 and Article 10 rights. 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”. 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. Accordingly, there had been no violation of that provision in relation to Princess Caroline. 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