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Axel Springer Ag v Germany [2012] ECHR 227

Country:
United Kingdom
  • Claimant published photos of a famous German actor alongside article revealing that actor had been arrested for taking cocaine.

  • Actor sued paper.

Held

  • Article 8 can protect Claimant’s right to a reputation

  • However Article 8 only comes into play where attack of Claimant’s reputation reaches certain level of seriousness

    • I.e. so that it is prejudicial to Claimant’s Article 8 right

  • Article 8 cannot be relied upon to protect against loss of reputation which is foreseeable consequence of Claimant’s actions

Facts

  • Actor’s reasonable expectation of privacy was reduced as

    • Claimant was a public figure

    • Claimant was arrested in public

    • Claimant had actively sought limelight

    • Claimant’s offence was of serious nature

  • Because of this, sanction imposed on Claimant were capable of having a chilling effect

  • Thus on facts, was breach of Article 10.

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