2018年4月9日 星期一

公共場所隱私權之保障與媒體自由_Von Hannover v. Germany案讀後摘要


公共場所隱私權之保障與媒體自由_Von Hannover v. Germany案讀後摘要

壹、Von Hannover v. Germany (2004)
歐洲人權法院第三庭在Von Hannover v. Germany(2004)乙案,摩洛哥公主卡羅琳因在公眾場所遭到媒體未經許可偷拍併公佈刊登這些照片於雜誌上因而向歐洲人權法院提出申訴。

"53.  In the present case there is no doubt that the publication by various German magazines of photos of the applicant in her daily life either on her own or with other people falls within the scope of her private life."

"59.  Although freedom of expression also extends to the publication of photos, this is an area in which the protection of the rights and reputation of others takes on particular importance. The present case does not concern the dissemination of “ideas”, but of images containing very personal or even intimate “information” about an individual. Furthermore, photos appearing in the tabloid press are often taken in a climate of continual harassment which induces in the person concerned a very strong sense of intrusion into their private life or even of persecution."

"61.  The Court notes at the outset that in the present case the photos of the applicant in the various German magazines show her in scenes from her daily life, thus involving activities of a purely private nature such as engaging in sport, out walking, leaving a restaurant or on holiday. "

歐洲人權公約第8條所規定「私人生活」之保障,即非限定於特定空間或場所,而係取決於該私人活動之本質是否為公約所欲保障之範圍而定。

"76.  As the Court has stated above, it considers that the decisive factor in balancing the protection of private life against freedom of expression should lie in the contribution that the published photos and articles make to a debate of general interest. It is clear in the instant case that they made no such contribution, since the applicant exercises no official function and the photos and articles related exclusively to details of her private life."

歐洲人權法院對如何適用權衡原則,在私人生活保障與媒體自由兩者間予以權衡,所提之判斷標準為「公益辯論原則」。媒體「攝影」或報導文章,是否具有足以促進社會大眾對於一般公共事務的辯論而定。

 

貳、Von Hannover v. Germany(NO.2)[GC](2012)

(Applications nos. 40660/08 and 60641/08)

歐洲人權法院大法庭於2012年之判決,提出權衡原則的五點判斷標準。


private life:   at para. 85-99

freedom of expression: at para.100-107

The criteria relevant for the balancing exercise: at para. 108

 

"108. Where the right to freedom of expression is being balanced against the right to respect for private life, the criteria laid down in the case-law that are relevant to the present case are set out below."

(α) Contribution to a debate of general interest

(β) How well known is the person concerned and what is the subject of the report?

(γ) Prior conduct of the person concerned

(δ) Content, form and consequences of the publication

(ε) Circumstances in which the photos were taken

 
參、釋字第 689 號
參見釋字第689號大法官葉百修之協同意見書

資料來源:
判決全文參見歐洲人權法院判決資料庫(HUDOC database)









20180410
BY Wanli YANG

沒有留言: