GIVING PRIVACY ITS DUE: PRIVATE ACTIVITIES OF PUBLIC FIGURES IN VON HANNOVER v GERMANY

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Abstract:

The article discusses the judgment of the European Court of Human Rights in the case of VON HANNOVER v GERMANY concerning the publication of photographs of Princess Caroline of Monaco in German magazines. The Court ruled that certain activities of public figures fall within the ambit of article 8 of the European Convention on Human Rights even when they take place in public. It is argued that this is a positive development, and that the courts should resolve conflicts between privacy and freedom of expression by engaging into a substantive analysis of both the privacy interests at stake and the value of the particular publication instead of according equally high protection to all forms of speech.

Keywords: Privacy; freedom of expression; photographs; public figures

Document Type: Research Article

Publication date: January 1, 2005

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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