TEDH: Difusión de fotografías privadas es injustificada si no contribuye a debate de interés general y solo busca satisfacer curiosidad del público (caso Princesa de Mónaco) [Von Hannover vs. Alemania]

35

Fundamento destacado: 64. Similarly, although the public has a right to be informed, which is an essential right in a democratic society that, in certain special circumstances, can even extend to aspects of the private life of public figures, particularly where politicians are concerned (see Editions Plon, loc. cit.), this is not the case here. The situation here does not come within the sphere of any political or public debate because the published photos and accompanying commentaries relate exclusively to details of the applicant’s private life.
65. As in other similar cases it has examined, the Court considers that the publication of the photos and articles in question, the sole purpose of which was to satisfy the curiosity of a particular readership regarding the details of the applicant’s private life, cannot be deemed to contribute to any debate of general interest to society despite the applicant being known to the public (see, mutatis mutandis, Campmany y Diez de Revenga and Lopez Galiacho Perona v. Spain (dec.), no. 54224/00, ECHR 2000-XII; Julio Bou Gibert and El Hogar Y La Moda J.A. v. Spain (dec.), no. 14929/02, 13 May 2003; and Prisma Presse, cited above).


COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS
THIRD SECTION
CASE OF VON HANNOVER v. GERMANY
(Application n°. 59320/00)

In the case of Von Hannover v. Germany,
The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
Mr I. CABRAL BARRETO, President,
Mr G. RESS,
Mr L. CAFLISCH,
Mr R. TÜRMEN,
Mr B. ZUPANČIČ,
Mr J. HEDIGAN,
Mr K. TRAJA, judges,
and Mr V. BERGER, Section Registrar,
Having deliberated in private on 6 November 2003 and 3 June 2004,
Delivers the following judgment, which was adopted on the lastmentioned date:

PROCEDURE

1. The case originated in an application (no. 59320/00) against the Federal Republic of Germany lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a national of Monaco, Caroline von Hannover (“the applicant”), on 6 June 2000.
2. The applicant alleged that the German court decisions in her case had infringed her right to respect for her private and family life as guaranteed by Article 8 of the Convention.
3. The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.
4. On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Third Section (Rule 52 § 1).
5. By a decision of 8 July 2003, the Chamber declared the application admissible.
6. The applicant and the Government each filed observations on the merits (Rule 59 § 1). In addition, comments were received from the Association of German Magazine Publishers (Verband deutscher Zeitschriftenverleger) and from Hubert Burda Media GmbH & Co. KG, which had been given leave by the President to intervene in the written procedure (Article 36 § 2 of the Convention and Rule 44 § 2). The applicant replied to those comments (Rule 44 § 5).

[Continúa…]

Descargue en PDF la resolución 

Comentarios: