Money Is There to Rock ‘n Roll! – Judgment ECHR in Hachette vs. France
On 23 July 2009 the European Court of Human Rights (ECHR) gave a
judgment in a case that had been brought against France by Hachette
Filipacchi Associés - the publisher of the French weekly 'Ici
Paris'. Ici Paris had published an article about the
ever-popular French rock 'n roll singer Johnny Hallyday. The
article 'What if he flops in Las Vegas? Panic stations,
Johnny!' referred to the supposed financial difficulties
of the singer. The article was also illustrated by some photographs
of advertising material for products with which Hallyday, whose
real name is Jean-Philippe Smet, had allowed his name to be
associated.
Hallyday did not agree with the publication and brought
proceedings against the publishing company Hachette before the
French court, claiming that the article had breached his right to
respect for his private life. His claims were denied both in the
first instance and on appeal. After all, Hallyday himself had
publicly disclosed his financial situation and shopping behavior on
numerous occasions. He had even published an autobiography in which
he described his excessive expenses. However, the 'Cour de
Cassation' quashed the decisions of the Court and the Court of
Appeal, and referred the case back to the Cour d'Appèl de
Versailles. This Court of Appeal ruled that Hachette had to pay
Hallyday EUR 20,000 in damages, together with costs and
expenses.
In Hachette's opinion this judgment was an unacceptable
infringement of its right to freedom of speech and Hachette took
the case to the ECHR. The ECHR stated, among other things, that
Hallyday's personal disclosures about his lavish behavior to
the public weakened the degree of protection to which he was
entitled as regards his private life. Furthermore, although the
statements in the article might have been experienced as negative
by Hallyday, they were not so offensive and harmful as to overstep
the boundaries of journalistic freedom. The ECHR therefore ruled
that the right to freedom of speech had indeed been infringed.
France was ordered to pay a total amount of EUR 36,000 to
Hachette.
This judgment seems to be in accordance with Dutch standard case
law in this field. The Dutch Supreme Court has ruled in the leading
Hemelrijk/Van Gasteren judgment that the personal incitement of a
public discussion may be a circumstance relevant to the assessment
of whether the right to private life has been invaded. You may find
a discussion of this judgment on our blog
'Media
Report'.