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Axel Springer Ag v Germany

[2012] ECHR 227

Case summary last updated at 02/02/2020 17:46 by the Oxbridge Notes in-house law team.

Judgement for the case Axel Springer Ag v Germany

C published photos of a famous German actor alongside article revealing that actor had been arrested for taking cocaine. Actor sued paper. Held:
·       Art 8 can protect C’s right to a reputation
·       However Art 8 only comes into play where attack of C’s reputation reaches certain level of seriousness
Ø  i.e. so that it is prejudicial to C’s Art 8 right
·       Art 8 cannot be relied upon to protect against loss of reputation which is foreseeable consequence of C’s actions
·       Actor’s reasonable expectation of privacy was reduced as
Ø  C was a public figure
Ø  C was arrested in public
Ø  C had actively sought limelight
Ø  C’s offence was of serious nature
·       Because of this, sanction imposed on C were capable of having a chilling effect
·       Thus on facts, was breach of Art 10.

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