Aurora810
Serene Highness
- Joined
- Sep 21, 2006
- Messages
- 1,048
- City
- Dallas
- Country
- United States
Henri M. said:The EU Court of Justice's ruling in the case Princess Caroline de Monaco vs the Federal State of Germany has no enforcement outside the European Union. The Media Code in the Netherlands is build on this EU Court ruling.
The unconsented pictures made in private circumstances in Italy (a memberstate of the European Union) and published by a magazine vested in the Netherlands (a memberstate of the European Union) are prosecutable. Pictures made in Argentina and published in Argentina are not prosecutable. But a Dutch magazine buying these Argentinean pics and publishing them is prosecutable.
All according the EU Court ruling's principle that the basic right on an undisturbed private life sphere outweighs the interest a part of the public might have. With other words: the interest of a part of the public in trivia does not justify an appeal on Freedom of Press and Freedom of Information. According to the EU Court of Justice pictures of minor children of famous people or famous people clearly in private circumstances (walking in the park, shopping, playing with children) can not be published without the given consent of the person involved. That was the basic principle in the case Caroline vs Germany. The Prince and Princess of Orange have developed a pro-active attitude to get this EU Court ruling vested in the Netherlands legal jurisprudence. With success: all their lawsuits were succesful so far and they succeed in vesting a Media Code (with approval of the media involved).
The Olympic Winter Games in Torino can hardly be called 'private'. The Games were aired 'live', worldwide and the Prince was there in his capacity as a member of the International Olympic Committee. So the Prince watching events, together with the three Princesses was a choice with the knowlegde that the venue is overcrowded with media. That is a total different situation than pictures made of the Princesses on an empty beach, enjoying familial pleasures.
Most likely Party is testing how the temper is at Villa Eikenhorst, these days. It has been very calm with lawsuits, so far. Party is a small magazine in a heavy competition and then they will have calculated the risk of costly damages vs. extra publicity with exclusive pictures.
Thanks Henri! The EU, of course why didn't I clue into that connection, silly me.