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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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Presentation on theme: "1 Freedom of expression and freedom of the media - THE CASE OF PRINCESS CAROLINE Federal Ministry for Foreign Affairs of Austria."— Presentation transcript:

1 1 Freedom of expression and freedom of the media - THE CASE OF PRINCESS CAROLINE Federal Ministry for Foreign Affairs of Austria

2 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

3 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

4 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of „public figures“ in their private life is confirmed  also pictures taken of private life in public places must not be published without the consent if the person has no public function Freedom of Expression

5 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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