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Personality Rights and Freedom of Expression: A Journey through the Development of German Jurisprudence under the Influence of the European Court of Human Rights

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Abstract:

In Germany, like in the UK, the conflict between the mass media and individual personality rights is an intensely debated issue. This article traces the developments in German case law in this area. The case law has been strongly influenced by the rulings of the ECtHR, starting with the famous case of von Hannover v Germany (No 1), in which the Court criticised the German law as being insufficient to protect privacy against the tabloid press. The requirements laid down were in contrast to the well-established guidelines of the Constitutional Court for the balancing process between freedom of expression and personality rights. Due to the criticism of the ECtHR, German Courts developed a new scheme of variable protection (neues abgestuftes Schutzkonzept) in respect of illustrated articles.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/JML.4.2.333

Publication date: December 1, 2012

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  • The only platform for focused, rigorous analysis of global developments in media law, this new peer-reviewed journal is:

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    It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens.

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