European Court Of Human Rights: Privacy And Disclosure

In this case, it was a German daily that published a photo of a well-known weather host in Germany, held in precautionary detention on a rape charge.

In its judgement of 10 January 2019 (Bild and Axel Springer/ Germany), the European Court of Human Rights deemed that the decision of the German court that ruled the publishing of this photo to be unlawful, was not in breach of Article 10 of the Convention that protects freedom of expression.

The Court took various points into consideration: the popularity of the concerned person, the debate of public interest sparked by the photo, the circumstances in which the disputed photo was taken, the concerned person’s behaviour towards the press, and the repercussions of the photo on the concerned person.

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