Out-Law News 1 min. read

Personality rights of child celebrities do not automatically trump media's right to freedom of expression, German court rules


The media can legitimately publish information that could be damaging to the image of child celebrities in some circumstances, the highest court in Germany has said.

The Federal Constitutional Court said that lower courts in the country had "misunderstood" the scope of the media's right to freedom of expression when weighing that right against the 'personality rights' of two under-age celebrities. It said it had given an unjustified precedence to the value of children's privacy rights, according to an automated translation of a statement it issued.

In some countries, not including the UK, individuals have recognised 'personality rights' that provide extra protection beyond the standard right to privacy that exists for individuals seeking to protect the value of their image.

The Court was ruling in a case involving an online publisher and the sons of German actor Uwe Ochsenknecht who themselves are both actors. The publisher had reported that Ochsenknecht's sons had been involved in acts of vandalism but courts in Germany have subsequently ruled that this was a breach of the boys' personality rights.

However, the Court said the lower courts had taken "too narrow and simplistic" a view of children's privacy rights when weighing them against the publisher's freedom of expression right. It said the facts relevant to each case should determine which of the competing rights is greatest.

The courts had not "adequately adjusted to their concerns" the fact that the young actors had "commercially exploited" a "wild boy" public image and had engaged in "petty" offences, the Court said. Both factors served to reduce the personality rights of the Ochsenknecht sons, it added.

A district court in Germany will now re-evaluate the case.

We are processing your request. \n Thank you for your patience. An error occurred. This could be due to inactivity on the page - please try again.