Von Hannover

Just as German courts took an expansive view of the image right under § 22, the courts expanded upon the public interest exception under § 23 by holding that the public interest extends beyond the area of politics and includes entertainment even gossip. [BGHZ 20, 345 Paul Dahlke, BGHZ 143,214 Marlene Dietrich] Also, courts make a distinction between ‘absolute’ or ‘relative’ persons of contemporary history. Absolute persons are capable of being depicted whenever there is public interest however relative persons may be depicted only in contexts relevant to those that made that individual well known. The European Court of Human Rights in the Hannover case criticized the distinction between absolute and relative persons. The court also commented that the public interest in gossip may deserve less protection than the public interest in political debates. [Von Hannover v. Germany, Application No. 59320, 24 June 2004, paras 63, 65, 72.]
von Hannover-v-Germany ECHR 24 June 2004

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