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Published byRodney McDaniel Modified over 8 years ago
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1 Freedom of expression and freedom of the media - THE CASE OF PRINCESS CAROLINE Federal Ministry for Foreign Affairs of Austria
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2 The Case In June 2000, Princess Caroline of Monaco brings a complaint to the ECtHR (European Court of Human Rights and argues: -A violation of Article 8 ECHR: Right to privacy and right to a family life German courts had held before that she was an absolute person of contemporary history and therefore would have to live with paparazzi following her. Freedom of Expression
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3 Collision of rights What had to be examined here, was the possible collision of two rights protected by the ECHR: -Article 8 ECHR: Right to privacy and family life -Article 10 ECHR: Freedom of expression and freedom of the media The interests protected here are clearly diverging, a thorough discussion would have been needed. Freedom of Expression
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4 Findings the case is found to represent a violation of Articel 8 ECHR the existence of a right to privacy of „public figures“ in their private life is confirmed also pictures taken of private life in public places must not be published without the consent if the person has no public function Freedom of Expression
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5 Discussion Questions Is there a right to information on the private life of public figures or does the right to privacy prevail? Is this addressing the problem of „Paparazzi“ or is this the end of the freedom of the press?
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