Personality Rights in European Tort Law

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Overview

This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.

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Product Details

Meet the Author

Gert Brüggemeier is Professor of Private Law, European Economic Law and Comparative Law at the Law Faculty, University of Bremen.

Aurelia Colombi Ciacchi is a Senior Researcher at the Centre of European Law and Politics (ZERP) at the University of Bremen and a Lecturer in Comparative Law at the Hanse Law School, Bremen.

Patrick O'Callaghan is a Lecturer in Law at Newcastle University Law School.

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Table of Contents

List of contributors xi

National reporters xiii

General editors' preface xiv

Preface xvi

Editorial note xviii

List of abbreviations xxi

Part I Mapping the legal landscape 1

1 General introduction 3

2 Protection of personality rights in the law of delict/torts in Europe: mapping out paradigms Gert Brüggemeier 5

1 Introduction 5

2 Two distinct paths of civil law of delict 10

A France 10

B Germany 18

3 Two different paths of liability law 25

A Common law of torts and statutory law: England 25

B Scandinavian law: Sweden 28

4 A European perspective - Art. 8(1) ECHR 30

3 American tort law and the right to privacy Joseph A. Page 38

1 Introduction 38

2 The birth of a tort 41

3 The first steps 45

4 Evolution of a tort 48

5 Additional protection for peace of mind 56

6 The academic backlash 57

7 The United States Supreme Court intervenes 59

8 The present status of the unwarranted-disclosure privacy tort 61

9 The present status of the intrusion privacy tort 66

10 The present status of the false-light privacy tort 68

11 The present status of the misappropriation privacy tort 69

12 Conclusion 70

Part II Case studies 73

4 Case 1: The corrupt politician 75

Case 75

Discussions 75

Comparative remarks 140

5 Case 2: Convicted law professor 149

Case 149

Discussions 149

Comparative remarks 175

6 Case 3: The paedophile case 178

Case 178

Discussions 178

Comparative remarks 203

7 Case 4: An invented life story? 206

Case 206

Discussions 206

Comparative remarks 225

8 Case 5: A former statesman's family life 228

Case 228

Discussions 228

Comparative remarks 253

9 Case 6: A satirical magazine 257

Case 257

Discussions 257

Comparative remarks 272

10 Case 7: A snapshot of a person 275

Case 275

Discussions 275

Comparative remarks 308

11 Case 8: A paparazzo's telephoto lens 317

Case 317

Discussions 317

Comparative remarks 343

12 Case 9: Naked. Little.Girl.Com 348

Case 348

Discussions 348

Comparative remarks 372

13 Case 10: The late famous tennis player 375

Case 375

Discussions 375

Comparative remarks 408

14 Case 11: The popular TV presenter 413

Case 413

Discussions 413

Comparative remarks 431

15 Case 12: Copied emails 433

Case 433

Discussions 433

Comparative remarks 453

16 Case 13: Brigitte's diaries 457

Case 457

Discussions 457

Comparative remarks 473

17 Case 14: Tape recordings of a committee meeting 476

Case 476

Discussions 476

Comparative remarks 489

18 Case 15: 'Light cigarettes reduce the risk of cancer' 492

Case 492

Discussions 492

Comparative remarks 507

19 Case 16: Doctor's non-disclosure of a foetal disease 511

Case 511

Discussions 511

Comparative remarks 540

20 Case 17: WAF - A gang of incompetents? 543

Case 543

Discussions 543

Comparative remarks 562

Part III A common core of personality protection 565

21 A common core of personality protection Gert Brüggemeier Aurelia Colombi Ciacchi Patrick O'Callaghan 567

1 Dignity and honour 568

2 Privacy 569

3 Right to one's image and likeness 570

4 Commercial appropriation of personality 572

5 Right to personal identity 573

6 Self-determination 574

7 Protection of personality of legal persons? 575

8 Personality violations through the internet 575

9 Conclusion 576

Index 578

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