EIT: Saksan jalkapallomaajoukkueen entisen maalivahdin lasten kuvien julkaisusta tuomitut sanktiot olivat riittävät; ei 8 artiklan loukkausta

17.3.2016 | Oikeusuutiset

Markku Fredman

Euroopan ihmisoikeustuomioistuin (EIT) on tänään antamassaan tuomiossa katsonut, että saksalaiset tuomioistuimet olivat riittävällä tavalla suojanneet Oliver Kahnin lasten yksityisyyttä, kun ne olivat määränneet julkaisijan maksamaan 27.500 euron sakot lasten valokuvien julkaisusta.

EIT:n lehdistötiedotteesta:

In today’s Chamber judgment in the case of Kahn v. Germany (application no. 16313/10) the European Court of Human Rights held, unanimously, that there had been:

no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

The case concerned the repeated publication of photos of the children of Oliver Kahn, former goalkeeper of the German national football team in two magazines aimed at the general public, in spite of a blanket ban on publication ordered by a court.

Following the publication of several photos the applicants had applied to the Hamburg Regional Court, which held, in 2005, that their right to their own image had been breached and banned all future publication of photos showing the applicants. When the publisher of the magazines printed further photos in spite of the ban, the Regional Court ordered it to pay financial penalties.

The European Court of Human Rights (ECtHR) noted that, as a result of the actions brought by the applicants, the publisher had been ordered to pay fines totalling approximately 68% of the amount they had claimed. The Federal Court of Justice had found that the applicants – whose faces had not been visible or had been pixelated – could only be identified on the photos through the presence of their parents and the accompanying text and had not been the main subject of the reports, which had focused on their parents’ relationship following their divorce. The ECtHR accepted the finding of the German courts that, in view of the nature of the photos, there had been no call to award additional compensation as the applicants had requested.