Search results : 978

On 1 March 2015, the police raided a warehouse in Brunssum and discovered a drugs laboratory. Two persons were arrested. The local broadcaster made a video report covering the raid and police investigation and this video was posted on its website. The footage was then sold to the regional broadcaster, who re-edited it and placed it on its website accompanied by text written by the regional broadcaster. The raid was also covered on the regional broadcaster’s news programme. The plaintiffs are a family whose members are also the partners in a commercial partnership. In the video report, the street...

On 31 March 2015, the Amsterdam Court of Appeal ruled in a case where the plaintiff, a convicted criminal, demanded to have certain search results delisted from Google Search based on search queries limited to his name. The Court of first instance rejected plaintiff’s claim to be delisted from Google Search (see IRIS 2014-10/25). The plaintiff was convicted for the attempted incitement of a contract killing. The conviction was primarily based on audiovisual evidence, which revealed that the plaintiff had discussed a murder with a contract killer, gathered by a Dutch crime reporter by means of hidden...

The Court of Cassation has delivered a judgment which deserves reporting, since it concerns the scope of the transfer to the producer of a documentary of the right to use a person’s image by someone who has been interviewed. In the present case, the director of a review had granted a film interview to the producer of a documentary entitled “La vérité est ailleurs ou la véritable histoire des protocoles des sages de Sion” (‘the truth is elsewhere, or the true story of the Protocoles des Sages de Sion’), co-produced by and broadcast on the channel Arte. The purpose of the interview was to ascertain...

In its judgment of 26 February 2015 (case no. 4 StR 328/14), the Bundesgerichtshof (Federal Supreme Court - BGH) decided that video footage in which victims of crime can recognise themselves on the basis of identifiable personal features is covered by the criminal law provision enshrined in Article 201a(1) of the old version of the Strafgesetzbuch (Criminal Code - StGB) (Article 201a(1)(1) of the 49th Act amending the Criminal Code). This provision is designed to protect the intimate privacy of individuals from intrusion through the taking of video and photographs. In the case concerned, a gynaecologist...

In two cases related to humorous cigarette advertisements, the European Court of Human Rights found that there had been no reason for the domestic authorities to interfere with the freedom of commercial speech in order to protect the right of reputation and the right to their own names of two public persons referred to in the advertisements, without their consent. The European Court found, in particular, that the German Federal Court of Justice had struck a fair balance between freedom of expression (Article 10) and the right to privacy (Article 8). The first applicant, Dieter Bohlen, is a well-known...