TUZUNATAC v. TURKIYE - 14852/18 (Judgment : Article 8 - Right to respect for private and family life : Second Section) French Text [2023] ECHR 223 (07 March 2023)

TUZUNATAC v. TURKIYE - 14852/18 (Judgment : Article 8 - Right to respect for private and family life : Second Section) French Text [2023] ECHR 223 (07 March 2023)

The national courts failed to properly balance the applicant's right to respect for private life against the freedom of the press. The broadcasted video depicted strictly private and intimate moments, obtained and disseminated without the applicant's consent, and did not contribute to any public interest debate. The...

Source-derived case information.

Citation
[2023] ECHR 223
Parties
Applicant: Birsen Berrak Tüzünataç; Respondent: Republic of Türkiye
Jurisdiction
European Union
Procedural Posture
Individual Application to the European Court of Human Rights / Judgment After Full Consideration
Outcome
Violation of Article 8 ECHR found; no award of just satisfaction as none was claimed.
Legal Topics
Right to Respect for Private and Family Life, Freedom of Expression, Positive Obligations of the State, Balancing Privacy and Press Freedom
Human Rights Law Privacy Law Media Law Right to Respect for Private and Family Life Freedom of Expression Positive Obligations of the State Balancing Privacy and Press Freedom

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Parties

Birsen Berrak Tüzünataç

Applicant

Republic of Türkiye

Respondent

Procedural Posture

Individual Application to the European Court of Human Rights / Judgment After Full Consideration

  1. 1 Whether the national courts failed to protect the applicant's right to respect for private life under Article 8 ECHR following the broadcast of a secretly filmed video of intimate moments on her terrace by a national television channel.

Ratio Decidendi

The national courts failed to properly balance the applicant's right to respect for private life against the freedom of the press. The broadcasted video depicted strictly private and intimate moments, obtained and disseminated without the applicant's consent, and did not contribute to any public interest debate. The courts' reliance on the applicant's status as a public figure and the visibility of the terrace was insufficient to override her privacy rights. Therefore, there was a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; no award of just satisfaction as none was claimed.

Orders

  • Grievance under Article 8 declared admissible; remainder of the application inadmissible.
  • It is declared that there has been a violation of Article 8 of the Convention.