Gossip

Publication date: 14/10/2009

21529 times read
 :: 13704 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 20/08/2009, file number: 27 O 529/09

The Berlin district court confirms an injunction against a newspaper publisher due to an article in which the private sphere of a well-known singer was injured. The article informed about supposed rumours about an affair of the singer with a colleague. Spreading such suppositions about the love-life is inadmissible since the publication of such speculations lacked on information and therefore the interference in the private sphere of the singer was not justified.

Category: Celebrities, Personality Right, Press Law, Media Law, Entscheidungen

Private wedding?

Publication date: 14/10/2009

20472 times read
 :: 13241 Votes  

Judgement of LG Köln (Regional Court Cologne) of 30/07/2008, file number: 28 O 148/08

A monetary indemnity of 15,000 € was assigned to the wife of a known television presenter due to the unjustified publication of the wedding ceremony on a magazine. The judges of the regional court Cologne explained the monetary indemnity with the fact that the plaintiff’s personality rights were considerably injured by the publication of the pictures. Pictures of the wedding, which she consciously planned excluding the public.

Category: Personality Right, Press Law, Photo Law, Media Law, Entscheidungen

The air spy: About the right to one’s own picture

Publication date: 13/10/2009

22673 times read
 :: 15549 Votes  

Press release No. 44/09 of AG München (Local Court Munich) about the judgement of 19/08/2009, file number: 161 C 3130/09

Basically the right to one’s own picture protects everybody against unauthorized spreading of own images, including aerial photos of own property. Thus, the right to one’s own picture is not infringed if the images cannot be assigned to a certain address and no single person can be recognized.

Category: Media Law, Photo Law, Copyright Law, Design Law, Copyright-Photos, Consumer Law, Personality Right, Press Releases, Entscheidungen

Recognisability in spite of black bar across the eyes

Publication date: 03/09/2009

31164 times read
 :: 20359 Votes  

Judgement of LG Frankfurt/Main (Regional Court Frankfurt/Main) of 25/06/2009, file number: 2-03 O 179/09

If merely a black bar across the eyes on the photograph is used to censor it, somebody can recognize the person who is tried to be unrecognizable. In this case, the affected person can also require omission of the graphic representation if he has just agreed to publish the photo on a certain domain.

Category: Personality Right, Media Law, Entscheidungen

Internet reporting about proceedings no offence against statement ban

Publication date: 06/07/2009

25913 times read
 :: 17715 Votes  

Decision of OLG Köln (HRC Cologne) of 19/06/2009, file number 15 W 32/09

If a debtor of an omission court order publishes on his web page lists corresponding to lawsuits under specification of reference number, date and ending of the procedure and the central concepts from which use he has to omit, no offence against the statement ban or the court order is given.

By an objective and shortened reporting about such trials the right on freedom of expression outbalances potential personality rights. There, it is no repeating freshining up of forbidden statements.

Category: Internet Law, Personality Right, Press Law, Entscheidungen

University library may continue to be supervised with cameras

Publication date: 02/07/2009

15815 times read
 :: 10758 Votes  

Judgement of OVG Nordrhein-Westfalen (Higher Administrative Court Nordrhein-Westfalen) of 08/05/2009, file number: 16 A 3375/07

The Westphalian Wilhelms-Universität of Münster may continue to supervise the library of the municipal-scientific institute with video cameras. However, the video pictures may not be in general stored. The 16th senate of the higher administrative court has decided this for the State of Nordrhein-Westfalen in a current judgement and with it has confirmed the first-instance decision of the administrative court Münster.

Category: Personality Right, Media Law, Consumer Law, Entscheidungen

The "cracked prosecutor" – defamation or allowed according the freedom of opinion

Publication date: 01/07/2009

13197 times read
 :: 9650 Votes  

Decision of BVerfG (Federal Constitutional Court) of 12/05/2009, file number: 1 BvR 2272/04

If the fundamental right of the freedom of opinion (article. 5 GG - Basic Laws) is not used as a private analysis, but primarily as contribution to the knowledge of the public opinion, then though effects of the statements on the legal circle of third are an inevitable result, but not the real aim of the statement. Hence, in the public analysis, in particular in the political opinion fight, the criticism which is expressed in exaggerated and controversial form must be also accepted...

Category: Personality Right, Media Law, Curiosities, Entscheidungen

Spickmich.de – BGH (Federal Supreme Court) about the admissibility of a teacher assessment on the Internet

Publication date: 24/06/2009

17098 times read
 :: 11857 Votes  

Press release No. 137/09 of BGH (Federal Supreme Court) about the judgement of 23/06/2009, file number: VI ZR 196/08

The Federal Court of Justice has decided in a current judgement that teacher assessments are allowed on the Internet on the web page spickmich.de. The assessments show opinions which concern the professional activity of a teacher and therefore basically without the same protection as she could have on her private sphere. Also the fact that the assessments are handed in anonymously, nothing changes in the admissibility, since the freedom of opinion encloses basically the right to determine the spreading medium.

Category: Internet Law, Personality Right, IT Law, Press Releases, Entscheidungen
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