Book contents
- Frontmatter
- Contents
- List of contributors
- National reporters
- General editors' preface
- Preface
- Editorial note
- List of abbreviations
- Part I Mapping the legal landscape
- Part II Case studies
- 4 Case 1: The corrupt politician
- 5 Case 2: Convicted law professor
- 6 Case 3: The paedophile case
- 7 Case 4: An invented life story?
- 8 Case 5: A former statesman's family life
- 9 Case 6: A satirical magazine
- 10 Case 7: A snapshot of a person
- 11 Case 8: A paparazzo's telephoto lens
- 12 Case 9: Naked.Little.Girl.Com
- 13 Case 10: The late famous tennis player
- 14 Case 11: The popular TV presenter
- 15 Case 12: Copied emails
- 16 Case 13: Brigitte's diaries
- 17 Case 14: Tape recordings of a committee meeting
- 18 Case 15: ‘Light cigarettes reduce the risk of cancer’
- 19 Case 16: Doctor's non-disclosure of a foetal disease
- 20 Case 17: WAF – A gang of incompetents?
- Part III A common core of personality protection
- Index
8 - Case 5: A former statesman's family life
from Part II - Case studies
Published online by Cambridge University Press: 06 July 2010
- Frontmatter
- Contents
- List of contributors
- National reporters
- General editors' preface
- Preface
- Editorial note
- List of abbreviations
- Part I Mapping the legal landscape
- Part II Case studies
- 4 Case 1: The corrupt politician
- 5 Case 2: Convicted law professor
- 6 Case 3: The paedophile case
- 7 Case 4: An invented life story?
- 8 Case 5: A former statesman's family life
- 9 Case 6: A satirical magazine
- 10 Case 7: A snapshot of a person
- 11 Case 8: A paparazzo's telephoto lens
- 12 Case 9: Naked.Little.Girl.Com
- 13 Case 10: The late famous tennis player
- 14 Case 11: The popular TV presenter
- 15 Case 12: Copied emails
- 16 Case 13: Brigitte's diaries
- 17 Case 14: Tape recordings of a committee meeting
- 18 Case 15: ‘Light cigarettes reduce the risk of cancer’
- 19 Case 16: Doctor's non-disclosure of a foetal disease
- 20 Case 17: WAF – A gang of incompetents?
- Part III A common core of personality protection
- Index
Summary
Case
After a famous statesman's retreat from politics, his former secretary published a biography revealing many details about his family life. Can the statesman sue the author and the publisher for damages and injunction?
Discussions
Austria
Operative rules
Whether the statesman is entitled to sue his former secretary and the publisher of the book for damages depends on particular circumstances.
Descriptive formants
In general, § 7 MedienG, which protects the right of ‘utmost intimacy’ (‘höchstpersönlicher Lebensbereich’), for example family life, health and sexual life, corresponds with Art. 8 ECHR. In principle, all persons – including politicians, statesmen and other ‘public figures’ – are protected against unlawful public exposure through media reports, books, etc.
If the allegations made are true, under § 7, subs. 2(2) MedienG, it is of central importance whether the published facts relating to the claimant's private life are strongly connected with his/her public life. In addition, the particular behaviour and intention of the party infringing the privacy of the claimant is relevant.
Austrian courts and scholars combine these elements in a flexible way: the less the private details (e.g. conjugal disputes between the statesman and his wife) are connected with the claimant's public life and the more malicious their description, the more plausible a claim for damages even if the story is true.
- Type
- Chapter
- Information
- Personality Rights in European Tort Law , pp. 228 - 256Publisher: Cambridge University PressPrint publication year: 2010