HACHETTE FILIPACCHI ASSOCIES (ICI PARIS) v FRANCE - 12268/03 French Text [2009] ECHR 1425 (23 July 2009)

HACHETTE FILIPACCHI ASSOCIES (ICI PARIS) v FRANCE - 12268/03 French Text [2009] ECHR 1425 (23 July 2009)

The Court held that the applicant's conviction for publishing information and photographs about Johnny Hallyday constituted an interference with its right to freedom of expression under Article 10 ECHR. While the interference was prescribed by law and pursued a legitimate aim (protection of privacy and image), the...

Source-derived case information.

Citation
[2009] ECHR 1425
Parties
Applicant: Hachette Filipacchi Associés (Ici Paris); Respondent: France (République française)
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 10 ECHR found in favour of the applicant.
Legal Topics
Freedom of Expression, Right to Privacy, Right to Image, Balancing of Rights, Press Freedom
Human Rights Law Media Law Privacy Law Freedom of Expression Right to Privacy Right to Image Balancing of Rights Press Freedom

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Parties

Hachette Filipacchi Associés (Ici Paris)

Applicant

France (République française)

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the applicant's conviction for publishing information and photographs about Johnny Hallyday violated its right to freedom of expression under Article 10 ECHR.
  2. 2 Whether the interference was prescribed by law, pursued a legitimate aim, and was necessary in a democratic society.

Ratio Decidendi

The Court held that the applicant's conviction for publishing information and photographs about Johnny Hallyday constituted an interference with its right to freedom of expression under Article 10 ECHR. While the interference was prescribed by law and pursued a legitimate aim (protection of privacy and image), the domestic courts failed to strike a fair balance between the competing rights. The information published was already public, having been disclosed by the individual himself, and the use of authorized publicity photographs was not abusive. Therefore, the interference was not necessary in a democratic society, resulting in a violation of Article 10.

Court Disposition

Violation of Article 10 ECHR found in favour of the applicant.

Orders

  • The respondent State must pay the applicant EUR 26,000 for pecuniary damage within three months.
  • The respondent State must pay the applicant EUR 10,000 for costs and expenses within three months.