The Caroline Judgment


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I tend to agree here. I know that Caroline has been pursued by the media since the day she was born but I believe she somewhat contributed to that interest herself by the lifestyle she chose to lead as a young adult. She seemed to accept all the advantages her position gave her without realising the down side, that is, unwanted publicity.

I don't believe any person, celebrity or not, should have the right to say they can't be photographed in a public place. Why? Because it's a public place. Photographers should have to keep a certain distance but that's all, in my book.

I completely understood her wish not to be bothered by the paparazzi when her children were young -- all children deserve a carefree, happy and normal childhood -- but the elder three are adults now -- they can decide for themselves how they handle publicity. Because of who they are, the media will folllow them but they also have a choice here to a certain extent, based on the lifestyles they lead.
 
I agree with Avareenah. Celebrities and royals do not mind when their picture is being taken to promote a dress, a movie, a ball or their country! You can't have the best of both worlds. I say all celebrities and royals should stop complaining!

BUt I will take their side when the media attention becomes intrusive to their small children. That is not right!
 
You all say that famous people including royals shouldn't complain when being photographed in public, to a certain point I agree. But there are alot ( if not all ) paparazzi who tend to take pictures of famous people in comprimissing situations, sell them and then the tabloids sell those along with an 'interesting' story that is in the end almost allways put in a way to hurt someone's public image. I'm not saying that those people are some kind of super humans who should be treated like gods. But a lot of them do things worth writting about, that actually make a diference ( like charity, fighting for some kind of a good cause ). Then again how many pics are there around of them in those kind of situations when their pulicity could actually help someone compared to the pics of them doing things like everyone else, private life. And in the end how would you feel if someone took your pic in a situation you cal private, splashed it allover newspaper just for the sake of feeding peoples curiosity.
 
I agree with you Cro girl, pictures of celebrities and/or royals in their compromising situation sell than those pics promoting their charities. And with these situations P. Caroline is fighting for!
 
Surely, if a celebrity is photographed in a "compromising situation" in a public place, then that is their own fault?

They can't always control what the press says about them, but they can have some influence over this in their personal behaviour.

I don't agree with long lenses trained through windows and that type of thing but Princess Caroline and the rest of them should be able to photographed and written about (providing that it's accurate) after appearing in public, in my opinion.
 
Princess Caroline, we love you dearly, and we all wish we could celebrate your upcoming fiftieth birthday in a way that would please and touch you. Considering all the warm feelings we have for you, could you do something in return for us and give a personal interview to a magazine of your choice ? We could gather all our questions, they'd be sent to the palace and you could choose which you are willing to answer. The interviews you used to give on your new role as mother, etc, were so wonderful, could you do the same and answer some questions about your grown children and Alexandra ? Princess Grace used to give regular interviews in Point de Vue at all stages of motherhood, and we got to know her better that way, and you and your siblings. Can you do that for us ?
 
News about the judgement:

Princess Caroline Wins German Court Ban Against Paparazzi


Monaco's Princess Caroline and her husband, Prince Ernst August of Hanover, won their case in Germany Tuesday against publication of paparazzi photographs in the media.

Following a 2004 ruling from the European Court of Human Rights, judges of Germany's High Court in Karlsruhe agreed that snaps of Caroline on a ski holiday in the expensive Swiss resort of St Moritz, attending a birthday party or house-hunting in Kenya were off-limits.

http://www.playfuls.com/news_10_17621-Princess-Caroline-Wins-German-Court-Ban-Against-Paparazzi.html



Court Imposes Stricter Limits on Publishing Celebrity Photos

Monaco's Princess Caroline won a case Wednesday in Germany against the publication of paparazzi photos in the media. The ruling bolsters the privacy rights of celebrities, but publishers are calling it censorship.

http://www.dw-world.de/dw/article/0,2144,2376028,00.html


Princess Caroline wins German court ban against paparazzi

 Karlsruhe, Germany - Monaco's Princess Caroline and her husband, Prince Ernst August of Hanover, won their case in Germany Tuesday against publication of paparazzi photographs in the media.

http://news.monstersandcritics.com/europe/news/article_1273551.php/Princess_Caroline_wins_German_court_ban_against_paparazzi
 
In Dutch Jurisprudence

The Prince of Orange and his spouse Princess Máxima have expoited the jurisprudence of the Arrest Caroline de Monaco vs Germany to the maximum. They have started a whole series of fundamental lawsuits to protect their privacy and that of their children.

All lawsuits were succesful. Each lawsuit set a new jurisprudence. And all jurisprudence together make a new standing policy. This standing policy was written down in a strict Media Code. In exchange for regulated photo-sessions, the magazines and broadcasters have signed agreements that they will not use material by paparazzi others which are intrusive and infringe their fundamental right on a private lifesphere.
 
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... and as such, the laws of all too many countries become ad hoc in light of this ruling, and devolve further into well-formed tools of threat and intimidation. "Lady" Caroline really blew this one! For this reason, no one shall ever see The US considering so-called world courts as nothing other than American Toys -- We use 'em, and we abuse 'em! But we AIN'T gonna join 'em!

Dave
 
Does the German court ban against paparazzi mean that we'll be seeing very few pictures now of Caroline and her family? Most of the pics that we see probably wouldn't qualify as "news", under the restrictions.
 
bronwen said:
Does the German court ban against paparazzi mean that we'll be seeing very few pictures now of Caroline and her family? Most of the pics that we see probably wouldn't qualify as "news", under the restrictions.
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It means that the Princess has a right on an undisturbed private life. And as the Princess as hardly a public role in Germany and in Monaco, this obviously leads to much fewer pictures.

Before the European Court issued its groundbreaking ruling, we saw Caroline in the supermarket, Caroline in a boutique, Caroline waiting for a traffic light, Caroline picking up her children, Caroline on the beach, Caroline walking in a park, Caroline sailing on the sea, etc. etc. etc.

The pictures you see now are from official and public events: the Fête Nationale, a concert by the Monaco Philiharmonic Orchestra, the wedding of the Crown Prince of Denmark, the Balle de la Rose, etc.
 
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Henri M. said:
The pictures you see now are from official and public events: the Fête Nationale, a concert by the Monaco Philiharmonic Orchestra, the wedding of the Crown Prince of Denmark, the Balle de la Rose, etc.
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Henri, we still see pictures taken in the streets, in a ski centre or in the Pacha, she´s a public figure and they cannot forbid taking pics, or they are not respecting the resolution.
 
rosana said:
Henri, we still see pictures taken in the streets, in a ski centre or in the Pacha, she´s a public figure and they cannot forbid taking pics, or they are not respecting the resolution.
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The European Union is powerful. But not thát powerful that its jurisdiction stretches out to the bookshops in South America....

:flowers:

In comparison with few years ago you see far fewer pictures in French, Spanish and Italian magazines. And íf they have pictures, it are all the same in all the countries, all from the same public event.

Andrea, Pierre and Charlotte have a much, much quieter life than their mother ever had.

Princess Máxima is stalked in Argentinean streets, in boutiques in Buenos Aires, walking with her mother. These pictures have become very rare in Dutch press, since the Media Code is in working. But we know that these pics do appear in magazines outside the EU.
 
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But I can see a difference between german and let say spanish or italian magazines. In Germany you won't be able to find paparazzi pics of Caroline and the kids, but I've found some in spanish or italian mags all the time. That is the thing I'm not able to understand. Why does she sue german magazines but not spanish ones. Pretty strange to me....
 
tbhrc said:
But I can see a difference between german and let say spanish or italian magazines. In Germany you won't be able to find paparazzi pics of Caroline and the kids, but I've found some in spanish or italian mags all the time. That is the thing I'm not able to understand. Why does she sue german magazines but not spanish ones. Pretty strange to me....
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I think because in Germany (Caroline) and in the Netherlands (Prince Willem-Alexander) have been very assertive and sued the one magazine after the other. This made a jurisprudence possible in which the EU Court ruling was implemented.

I think in Spain ths Spanish royal family is a bit hesistant and still treats the media with velvet gloves. The problem is that every nation needs to 'settle' the EU-ruling in their jurisprudence. That is something which needs time.

But the same phenomenon like in Germany (almost no private pictures of Caroline) is the same over here in the Netherlands. It is a pity that Kate Middleton has not continued her official complaint, but I think once the day will come that the British law will also impose a Media Code conform the EU ruling.
 
Henri M. said:
I think because in Germany (Caroline) and in the Netherlands (Prince Willem-Alexander) have been very assertive and sued the one magazine after the other. This made a jurisprudence possible in which the EU Court ruling was implemented.

I think in Spain ths Spanish royal family is a bit hesistant and still treats the media with velvet gloves. The problem is that every nation needs to 'settle' the EU-ruling in their jurisprudence. That is something which needs time.

But the same phenomenon like in Germany (almost no private pictures of Caroline) is the same over here in the Netherlands. It is a pity that Kate Middleton has not continued her official complaint, but I think once the day will come that the British law will also impose a Media Code conform the EU ruling.
Click to expand...

Precedent equals power. It does take time to build up precedent, but only precedent law matters. That is what gives the German magazines vs. Hannover to the use of someone like Middleton. Now that precedent is established in favor of the photographed rather than the photographer, people like Middleton, or whomever, that pursue rights to privacy,
will cite the Hannover case.
 
If someone is interested in a video about the 2004 hearing at the European Court of Human Rights just click here, it's about 49min long and in french and englich - Video
 
Here are some news:

Princess Caroline Faces Setback in German Paparazzi Lawsuit | Culture & Lifestyle | Deutsche Welle | 18.03.2008

Princess Caroline of Monaco suffered a legal setback on Tuesday, March 18, in her attempt to stop German magazines from publishing unauthorized photographs of her leisure-time activities.

Germany's Constitutional Court in Karlsruhe rejected a grievance from Princess Caroline of Monaco concerning the publication of a report and photographs about the leasing of the Kenyan home of the princess and her German husband, Prince Ernst August of Hanover.



IOL: Setback for Caroline's paparazzi crusade

Karlsruhe, Germany - Princess Caroline of Monaco suffered a legal setback on Tuesday in her bid to prevent German supermarket magazines publishing paparazzi photographs of her leisure pursuits.

The German Constitutional Court in Karlsruhe ruled that the High Court had restricted the freedom of the press by banning photographs that showed Caroline and her German husband, Prince Ernst August of Hanover, on holiday in Kenya.

The pictures appeared in the weekly magazine Sieben Tage next to a news item about the couple leasing out their Kenyan holiday home.
 
Princess Caroline was on the BBC today !!
It was a programme called "Law in Action" and dealt with the privacy laws. Her case was quoted.

It's available as a podcast: BBC - Podcasts - Law in Action , and it is available to listen for 30 days from now.
 
Bonjour, :flowers:

It is an application (law suit) for recognition of personal rights, is bizarre in the fact that the applicants, (Caroline, and her husband) made an appeal to the European Court of Human Rights, (after the German courts have rejected the violation the right of privacy desired by the couple)

Bizarre phenomenon, because the personality rights are not transferable.

And in this case, these are photographs of Prince Rainier, and not of Caroline, and her husband. What surely invalidate the pretension which has already been reject/invalidated/refusal in the German courts.

But not only because of that.

It is not just about photographs, but also a text where this picture is inserted, revealing the state of health (weak) of Prince Rainier, who at the time, still worked as a State (and the first figure in your hierarchy), and as such of that, the news is ... interrese public, for Monegasque, and/or its residents, but also of interest to those whose have business and/or financial interest takes in place of the Principality.

We can not disregard that the Principality of Monaco, is a leading global financial squares, and as such, clearly the public interest, the first main figure of the Monegasque State, and is health means a lot, for many countries, companies, organizations, ONG, etc ... we can not ignore these facts.

Caroline should be more prudent, and above of all ... tolerant with this last situation.

However, whatever the judgment of today (within hours) by the European court, Caroline got a huge problem, affecting many public figures ... his private life; spread by magazines (press people).

That has led to many changes in European legislation on this particular subject, since that.

__ As Immanuel Kant said, the major causes are gained through by little ``nothings´´.

http://www.lematin.ch/people/standa...les-droits-de-lHomme/story/24049667#kommentar

Let's wait for the ``answer´´ to these application (law suit) of Caroline, by the European Court of Human Rights.


______________________________________________________________
When I used the expression above (Caroline, and her husband) I am referring of course to their (relationship) technically juridical situation in fact, so far none of the spouses required in court an application for divorce. In fact, Caroline is still married to the Prince of Hanover, for all legal purposes, although it is public knowledge, their are separated.
 
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Hello, :sad:

Well ... maybe I´m a witch, or a seer. A 5 hours ago I write in the last post, and the suspects I have ... were confirmed. Of course, I´m not a witch, I just have a cousin in Portugal, who is a attorney, and we speak about this yesterday night (by cellphone), and the conclusion was the same of the European court. :sad:

Princess Caroline of Monaco, lost the application (law suit) in the European Court of Human Rights.

Is not her fault, but his lawyer, he should know, that an appeal to the European Court of Human Rights, would not be favorable, for obvious reasons, I have mentioned in previous post. (above)

There is the court's judgment, (see please in the attach) that my cousin had access, via the Portuguese Ministry of Justice, and Portuguese Attorney Association.

And we discuss the rest later ... :ermm:
 

Attachments

  • European Court of Human Rights judgments for Princess Caroline of Monaco case 07.02.12.pdf
    169.3 KB · Views: 64
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IMO the judges have made a false decision.

The right of freedom of speech in this case should not be over the right of privacy.

Even if Caroline of Monaco is a public person, she should have the right to be undisturbed in holidays, going shopping or eating in a restaurant.
 
There is no right to privacy in a public setting. Those who want privacy in a public place, i.e., restaurant, salon, vacation spot, shop must book the establishment.
 
In the European Union there is. P. Caroline won a landmark case a few years ago that said public people have a right to privacy when they are doing ordinary things. Also, if you read the entire article on this case she won 2 out of three issues so I don't think you can say she lost. I agreed with her on the lost issue also. The article was about Prince Rainier's illness and they showed a private picture of her walking. The press could have just as easily used an official photo of her . She was mentioned because she was 2nd in line at the time. I don't know if they showed a picture of PA or not. If they didn't, I would agree with her even more.
 
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