Euroopa Inimõiguste Kohus
26.02.2002
Facts:
The applicant, Mr. Verlag, publisher of an Austrian tabloid, ran an article alleging that a politician had received multiple unlawful salaries. The article was accompanied by the politician’s photograph. In response, Austrian courts granted a permanent injunction prohibiting the applicant from publishing that photograph in connection with the article or similar content. Notably, the photographs did not reveal anything about the politician’s private life, and similar images were already publicly available.
Complaint:
The applicant argued that the injunction infringed their right to freedom of expression under Article 10, as the measure restricted reporting on a matter of significant public interest concerning a public figure and his earnings.
Court’s Ruling:
The Court unanimously ruled that there had been a violation of Article 10. It held that the Austrian courts failed to appreciate the press’s essential role in a democratic society and its duty to inform the public on issues of legitimate public concern. Since the photograph had already been publicly available and did not intrude on the politician’s private life, the restriction on the newspaper was disproportionate. The Court emphasized the essential role of the press in informing the public and found that the Austrian courts had failed to strike a fair balance between privacy and freedom of expression.