GOURGUENIDZE v GEORGIA - 71678/01 French Text [2006] ECHR 2000 (17 October 2006)

GOURGUENIDZE v GEORGIA - 71678/01 French Text [2006] ECHR 2000 (17 October 2006)

The Georgian courts failed to establish a fair balance between the applicant's right to privacy and the interests of the press, inadequately protected the applicant against defamatory publications and unauthorized photograph, and did not sufficiently assess the impact or necessity of the information and image...

Source-derived case information.

Citation
[2006] ECHR 2000
Parties
Applicant: David Gourguénidzé; Respondent: Government of Georgia
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8 found; no separate issue under Article 13; partial satisfaction granted.
Legal Topics
Right to Privacy, Freedom of Expression, Defamation, Protection of Image, Compensation for Moral Damage
Human Rights Law Civil Law Media Law Right to Privacy Freedom of Expression Defamation Protection of Image Compensation for Moral Damage

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Parties

David Gourguénidzé

Applicant

Government of Georgia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the publication of information and photograph in a national newspaper violated the applicant's right to respect for private life under Article 8 of the Convention
  2. 2 Whether the applicant had an effective remedy under Article 13 of the Convention

Ratio Decidendi

The Georgian courts failed to establish a fair balance between the applicant's right to privacy and the interests of the press, inadequately protected the applicant against defamatory publications and unauthorized photograph, and did not sufficiently assess the impact or necessity of the information and image published. This constituted a violation of Article 8 of the Convention.

Court Disposition

Violation of Article 8 found; no separate issue under Article 13; partial satisfaction granted.

Orders

  • State must pay applicant 4,000 EUR for moral damage.
  • State must pay applicant 2,116 EUR for costs and expenses.