Axel Springer Ag v Germany [2012] ECHR 227

• 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.