Euroopa Inimõiguste Kohus
16.04.2009
Facts:
The applicants, Mr. Egeland and Mr. Hanseid, were editors of 2 Norwegian newspapers that published photographs of a woman convicted of involvement in a triple murder case. The photographs showed her visibly distressed as she left the courtroom shortly after the verdict. Under Norwegian law, publishing photographs taken during or immediately after court proceedings without consent was prohibited. The applicants were convicted by the domestic courts and ordered to pay fines for breaching this law.
Complaint:
The applicants complained that their conviction and the fines imposed violated their right to freedom of expression under Article 10, arguing that the case was of significant public interest and that the photographs contributed to public debate.
Court’s ruling:
The Court found no violation of Article 10. It held that the interference with the applicants’ freedom of expression pursued legitimate aims, namely protecting the individual's privacy and safeguarding the proper administration of justice. The woman was in a vulnerable state, and the photographs exposed her at a moment of great emotional stress. The Court found that privacy interests outweighed the press’ interest in publishing the images and the Norwegian authorities had struck a fair balance between the interests of the press and the individual’s right to privacy. Therefore, the restriction was justified and proportionate in a democratic society.