Euroopa Inimõiguste Kohus
14.12.2006
Facts:
The applicant, Verlagsgruppe News GmbH, an Austrian publishing company, published an article about ongoing criminal investigations into alleged tax evasion by Mr. G., the managing director of a well-known firearms company. The article also mentioned that Mr. G. had been the target of a murder attempt. It included a photograph of Mr. G. taken from a public event. Mr. G. brought proceedings under Austrian law and obtained a court injunction prohibiting the company from publishing his photo in connection with reports about the tax investigation and the attempted murder, though the textual reporting was permitted. The Austrian courts upheld the injunction.
Complaint:
The applicant complained that the injunction banning the use of Mr. G.’s photograph violated its right to freedom of expression under Article 10, arguing that Mr G was a public figure, the subject matter was of clear public interest, and the use of his image was part of legitimate reporting.
Court’s Ruling:
The Court found a violation of Article 10. It held that Mr. G. was a public figure and that the article concerned matters of legitimate public interest, including suspected criminal conduct and a violent incident. The Court emphasized that the photograph did not disclose private or intimate details of Mr. G.’s life and had been taken at a public event. The Court concluded that absolute bans on images of public figures in matters of public interest leave little room for democratic oversight and press freedom. Thus, it was considered that a general ban on using his image in this context was not necessary in a democratic society and amounted to a disproportionate interference with freedom of expression.