Euroopa Inimõiguste Kohus
16.01.2014
Facts:
The applicants, Mr. Lillo‑Stenberg, a well-known musician, and Ms. Sæther, a prominent actress, held a private wedding on an islet in the Oslo fjord that was publicly accessible. Without their consent, the weekly magazine published a two-page article on the event, accompanied by 6 photographs. These images were taken by a photographer lying in wait, using a powerful telephoto lens from roughly 250 meters away. The photos captured moments from the day of the wedding. The couple brought a claim for compensation, and initially succeeded, but the Norwegian Supreme Court reversed the decision, concluding that the wedding’s accessible location and the article’s neutral content did not unlawfully infringe their privacy.
Complaint:
The applicants claimed a violation of their right to respect for private life under Article 8, arguing that the publication of private wedding photos, which were taken without consent, constituted an unjustified intrusion into their private lives.
Court’s ruling:
The Court found no violation of Article 8. It held that Norwegian courts had struck a fair balance between the applicants' privacy rights and the magazine's freedom of expression under Article 10. The Court noted that weddings, while personal, also have a public dimension, and that the article did not present any sensitive or offensive content. The applicants, as well-known public figures, had diminished expectations of privacy in this context. Although the photographs were taken without consent, they portrayed an event occurring in a publicly accessible area and did not depict the wedding ceremony itself. Applying established criteria, including the public interest, public figure status, method of obtaining images, and the nature of publication, the Court concluded that the domestic courts’ decisions were reasonable variants within their margin of appreciation.