- Created by: channyx
- Created on: 20-03-20 22:37
The German courts had not violated the European Convention on Human Rights 1950 art.8 in refusing to grant an injunction against further publication of photographs of Princess Caroline of Monaco and her husband on holiday in St Moritz. The courts had been entitled to find that the photographs, considered in the light of the accompanying articles, contributed, at least to some degree, to a debate of general interest.
The applicants (V), Princess Caroline of Monaco and her husband, complained of the refusal by the German courts to grant an injunction against any further publication of certain photographs which had appeared in two German magazines.
The photographs showed V walking down the street during a skiing holiday in St Moritz. The accompanying articles referred to V being on holiday while Prince Rainier of Monaco was ill at home. The national courts considered the information value of the photographs, and concluded that the accompanying text, in particular the references to Prince Rainier's illness, concerned an event of contemporary society or contributed to a debate of general interest. They held that the balancing exercise between the rights of V under the European Convention on Human Rights 1950 art.8 and the rights of the press under art.10 came down in favour of allowing publication of the photographs.
V argued that the photographs did not contribute to a debate of public interest in a democratic society, but…