photos and descriptions of a celebrity couple’s private wedding; there was no violation concerning
the couple’s right to privacy under Article 8 of the ECHR. Even though the wedding was a private
event, the fact that weddings have a public component and that no deliberately private facts were
unlawfully made public, tipped the balance away from the couple’s Article 8 right and in favor of
the magazine’s Article 10 right to freedom of expression. More info here.
In the case of MGN Limited v. United Kingdom (2011), the Fourth Section of the ECtHR
found that a restriction on the publication of private
information did not violate the publisher’s Article 10
The novel, titled Mephisto,
rights. However, excessive success fees as costs for
tells the fictional story of
liability were a violation of Article 10. The applicant
Hendrik Höfgen, a talented
was the publisher of UK’s national daily newspaper,
the Daily Mirror. The paper published several articles
actor who colludes with the
regarding Ms. Naomi Campbell’s drug addiction. The
Nazi powers to advance
articles provided details of the addiction and treatment,
his career [...] Gründgens’
and two photographs of Ms. Campbell waiting outside the place of treatment. In a 6:1 decision, the Court
adoptive son, Peter Gorski,
found that disclosing that Ms. Campbell was a drug
brought proceedings
addict in treatment was in the public interest because
against the publishing
Ms. Campbell had previously publicly denied drug use.
However, additional details of her method of treatment
house Nymphenburger
and the two photographs were not in public interest
Verlagshandlung, seeking
and violated Ms. Campbell’s right to privacy. As part
to prevent the publication of
of a conditional fee agreement, the applicant was required to pay 95% and 100% of the costs in the House
Mephisto in West Germany.
of Lords as success fees to the solicitors involved. The
Court held that the success fees were a disproportionate interference with the applicant’s right
to free speech because it could have a chilling effect on media organizations, discouraging them
from publishing legitimate information and encouraging them to settle claims instead of defending
them. More info here.
In the case of Ricci v. Italy (2013), the Second Section of the EctHR considered that Italy
violated Article 10 of the ECHR when it upheld a television producer’s conviction for showing
images from an illicitly taped video interview featuring philosopher Gianni Vattimo. The court acknowledged the producer’s conduct was prescribed by Italian law, and legitimately justified under
Article 10(2) of the ECHR, but held that the punishment – a €30,000 fine and a four-month term of
imprisonment – was disproportionate to the producer’s conduct. More info here.
Germany: In The Case of Mephisto (1971), the Federal Constitutional Court of Germany
upheld a lower court decision granting an injunction that banned a novel from being published in
West Germany. The novel, titled Mephisto, tells the fictional story of Hendrik Höfgen, a talented
actor who colludes with the Nazi powers to advance his career. The titular character of the novel
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