Personality Rights and Freedom of Expression: A Journey through the Development of German Jurisprudence under the Influence of the European Court of Human Rights
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
Publication date: December 1, 2012
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