BILD GMBH & CO. KG v. GERMANY JUDGMENT
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
20. The applicant company complained that the injunction to cease
publication of the CCTV footage without P.’s face being pixelated had
violated its freedom of expression under Article 10 of the Convention, the
relevant parts of which read:
“1. Everyone has the right to freedom of expression. This right shall include freedom
to hold opinions and to receive and impart information and ideas without interference
by public authority and regardless of frontiers. ...
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are prescribed
by law and are necessary in a democratic society ... for the protection of the reputation
or rights of others ... or for maintaining the authority and impartiality of the judiciary.”
A. Admissibility
21. The Court notes that this complaint is not manifestly ill-founded
within the meaning of Article 35 § 3 (a) of the Convention. It further notes
that it is not inadmissible on any other grounds. It must therefore be declared
admissible.
B. Merits
1. The parties’ submissions
(a) The applicant company
22. The applicant company rejected the domestic courts’ argument that
showing P.’s likeness had not been necessary in order to inform the public. It
argued that the way in which the CCTV footage had been published
concerned an editorial choice which fell to itself. It further criticised the Court
of Appeal’s position (see paragraph 13 above) that critical coverage of the
police intervention required pixelating P.’s face owing to the negative impact
it might have on his reputation, whereas positive coverage meant that the
video-footage only depicted an everyday occurrence and could only be
published with P.’s consent. In the applicant company’s view, this meant that
any publication showing photographs of police officers in the performance of
their duties risked being subject to a ban. The courts had thus in a general
manner given precedence to the police officers’ personality rights over the
right to freedom of expression of the press and the public’s right to be
informed. Lastly, the applicant company stressed that while P. had been
identifiable on the basis of the CCTV footage, his identity had never been
divulged to the public.
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