Freedom of the Press vs. Protection of Privacy - German Federal Court of Justice Tends Towards More Privacy Protection

Yesterday, the German Federal Court of Justice ruled in favor of the girlfriend of famous German singer and songwriter Herbert Groenemeyer. The issue was whether the taking and publishing of pictures that show the couple during their holidays in Rome would constitute a violation of their privacy rights. The court answered the question in the affirmative stating that the pictures did neither have a connection to a contemporary event nor contribute to a discussion of general interest. In addition, the court noted that the fact that some lyrics of Herbert Groenemeyer's songs allude to private events, does not waive his girlfriend's above-stated privacy rights. For more information, please refer to press release no. 77/2007 (in German) at http://www.bundesgerichtshof.de/ (court decision not available yet).

Critics argue that this decision inappropriately cuts back on the right of the press to report on celebrities and would result in non-critical journalism that publishes exactly what celebrities want. The FAZ has more (newsarticle, in German).

Three years ago, the European Court of Human Rights, in a judgment involving private pictures of Princess Caroline von Hannover (Monaco), had strengthened celebrities' privacy rights by instructing courts that are confronted with the balancing of freedom of the press with privacy rights to consider whether the pictures in question contributed to a public debate (Von Hannover v. Germany, no. 59320/00, ECHR 2004-VI).

Whether yesterday's decision restricts freedom of the press to an extent that is beyond the pale and thus violates existing European and German legal standards will probably be decided by the German Federal Constitutional Court - as the defendant-publisher reserved the right to bring the case to this court for final review.