M.L. AND W.W. v. GERMANY - 60798/10 (Judgment : No Article 8 - Right to respect for private and family life : Fifth Section) French Text [2018] ECHR 554 (28 June 2018)

M.L. AND W.W. v. GERMANY - 60798/10 (Judgment : No Article 8 - Right to respect for private and family life : Fifth Section) French Text [2018] ECHR 554 (28 June 2018)

The Court held that the German courts struck a fair balance between the applicants' right to respect for private life and the media's right to freedom of expression. The continued online availability of archived reports, given their limited accessibility, the public interest in the crime, and the absence of...

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Citation
[2018] ECHR 554
Parties
Applicant: M. L.; Applicant: W. W.; Respondent: Federal Republic of Germany
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment by European Court of Human Rights, Fifth Section
Outcome
Application dismissed; no violation of Article 8 ECHR found.
Legal Topics
Right to Respect for Private and Family Life, Freedom of Expression, Balancing Privacy and Freedom of the Press, Right to Be Forgotten, Data Retention and Publication of Criminal Convictions
Human Rights Law Media Law Data Protection Law Right to Respect for Private and Family Life Freedom of Expression Balancing Privacy and Freedom of the Press Right to Be Forgotten Data Retention and Publication of Criminal Convictions

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Parties

M. L.

Applicant

W. W.

Applicant

Federal Republic of Germany

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment by European Court of Human Rights, Fifth Section

  1. 1 Whether the refusal by German courts to order anonymisation or removal of archived media reports on applicants' criminal convictions violated Article 8 ECHR (right to respect for private life)

Ratio Decidendi

The Court held that the German courts struck a fair balance between the applicants' right to respect for private life and the media's right to freedom of expression. The continued online availability of archived reports, given their limited accessibility, the public interest in the crime, and the absence of stigmatising or sensationalist presentation, did not amount to a violation of Article 8 ECHR.

Court Disposition

Application dismissed; no violation of Article 8 ECHR found.