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European Court of Human Rights : Axel Springer SE and RTL television GmbH v. Germany

Dirk Voorhoof (UGent)
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Organization
Abstract
Analysis of judgment of the ECtHR in which two media companies, Axel Springer SE, a publishing house, and RTL, a broadcasting company, complained about a restriction on publishing pictures of an accused, S., in a cruel murder case.The order stressed the importance of the presumption of innocence, finding that reporting on S. in a way which identified him could have a “pillory effect”, while S. had never been in the public eye and had expressly requested that his identity be concealed. According to the German judge, in this case the personality rights of S. clearly outweighed the public interest in being informed about his identity and physical appearance.The ECtHR acknowledges that the crime at issue was brutal, but had been committed within a family following a private dispute and in a domestic setting. It agrees with the domestic court’s assessment that there was only a limited degree of public interest in the case, and the ECtHR does not consider that the order had a chilling effect on the media companies contrary to their rights under Article 10 ECtHR.
Keywords
Freedom of expression and information, journalism, public persons, reputation, privacy, public interest, criteria for balancing assessment, margin of appreciation, strict scrutiny, fair balance, HRC

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Citation

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MLA
Voorhoof, Dirk. “European Court of Human Rights : Axel Springer SE and RTL Television GmbH v. Germany.” IRIS, LEGAL OBSERVATIONS OF THE EUROPEAN AUDIOVISUAL OBSERVATORY, no. 10, European Audiovisual Observatory, 2017, pp. 2–3.
APA
Voorhoof, D. (2017). European Court of Human Rights : Axel Springer SE and RTL television GmbH v. Germany. IRIS, LEGAL OBSERVATIONS OF THE EUROPEAN AUDIOVISUAL OBSERVATORY, (10), 2–3.
Chicago author-date
Voorhoof, Dirk. 2017. “European Court of Human Rights : Axel Springer SE and RTL Television GmbH v. Germany.” IRIS, LEGAL OBSERVATIONS OF THE EUROPEAN AUDIOVISUAL OBSERVATORY, no. 10: 2–3.
Chicago author-date (all authors)
Voorhoof, Dirk. 2017. “European Court of Human Rights : Axel Springer SE and RTL Television GmbH v. Germany.” IRIS, LEGAL OBSERVATIONS OF THE EUROPEAN AUDIOVISUAL OBSERVATORY (10): 2–3.
Vancouver
1.
Voorhoof D. European Court of Human Rights : Axel Springer SE and RTL television GmbH v. Germany. IRIS, LEGAL OBSERVATIONS OF THE EUROPEAN AUDIOVISUAL OBSERVATORY. 2017;(10):2–3.
IEEE
[1]
D. Voorhoof, “European Court of Human Rights : Axel Springer SE and RTL television GmbH v. Germany,” IRIS, LEGAL OBSERVATIONS OF THE EUROPEAN AUDIOVISUAL OBSERVATORY, no. 10, pp. 2–3, 2017.
@article{8552925,
  abstract     = {{Analysis of judgment of the ECtHR in which two media companies, Axel Springer SE, a publishing house, and  RTL, a broadcasting company, complained about a restriction on publishing pictures of an accused, S., in a cruel murder case.The order stressed the importance of the presumption of innocence, finding that reporting on S. in a way which identified him could have a “pillory effect”, while S. had never been in the public eye and had expressly requested that his identity be concealed. According to the German judge, in this case the personality rights of S. clearly outweighed the public interest in being informed about his identity and physical appearance.The ECtHR acknowledges that the crime at issue was brutal, but had been committed within a family following a private dispute and in a domestic setting. It agrees with the domestic court’s assessment that there was only a limited degree of public interest in the case, and the ECtHR does not consider that the order had a chilling effect on the media companies contrary to their rights under Article 10 ECtHR.}},
  author       = {{Voorhoof, Dirk}},
  issn         = {{2078-6158}},
  journal      = {{IRIS, LEGAL OBSERVATIONS OF THE EUROPEAN AUDIOVISUAL OBSERVATORY}},
  keywords     = {{Freedom of expression and information,journalism,public persons,reputation,privacy,public interest,criteria for balancing assessment,margin of appreciation,strict scrutiny,fair balance,HRC}},
  language     = {{eng}},
  number       = {{10}},
  pages        = {{2--3}},
  publisher    = {{European Audiovisual Observatory}},
  title        = {{European Court of Human Rights : Axel Springer SE and RTL television GmbH v. Germany}},
  url          = {{http://merlin.obs.coe.int/newsletter.php?year=2017&issue=10}},
  year         = {{2017}},
}