Content Regulation / Censorship, Defamation / Reputation, Privacy, Data Protection and Retention
Hegglin v. Google
United Kingdom
Ojala v. Finland
Closed Contracts Expression
Key Details
- Mode of Expression
Books / Plays - Date of Decision
June 2, 2014 - Outcome
Law or Action Upheld - Case Number
69939/10
- Region & Country
Finland, Europe and Central Asia
- Judicial Body
European Court of Human Rights (ECtHR) - Type of Law
International/Regional Human Rights Law - Themes
Content Regulation / Censorship, Privacy, Data Protection and Retention - Tags
Public Officials, Publisher, Public Interest
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Case Analysis
Case Summary and Outcome
This case concerned the publication of details regarding the private sex life of Finland’s then-current Prime Minister. The details were published in a book written by the Prime Minister’s ex-girlfriend. Finnish courts found that the publication breached the Prime Minister’s right to privacy. The European Court of Human Rights (“ECtHR”) agreed.
Facts
The Respondent in this case is the public prosecutor of Finland. The Complainants are a publisher (Ojala) and a publishing company (Etukeno Oy) that published a book containing details regarding the private sex life of Finland’s then-current Prime Minister, Mr. Matti Vanhanen.
The Complainants published a book written by a single mother whom the Prime Minister dated while in office. The book concerned the details of her relationship with the Prime Minister, including how the relationship developed, how different their backgrounds were, and details regarding their sex life. The public prosecutor of Finland filed a claim against the publisher after the book was published alleging that the details disclosed in the book violated the Prime Minister’s right to privacy.
The Finnish Courts found for Finland and issued a fine and other sanctions against the publisher. The publisher then lodged the present complaint with the ECtHR, alleging that the Finnish Courts had violated the publisher’s Article 10 Freedom of Expression as enshrined in the European Convention on Human Rights (“ECHR”).
Decision Overview
In determining whether the Finnish Courts had violated the publisher’s Article 10 Freedom of Expression by restricting and fining the publication of the Prime Minister’s private life, the ECtHR considered two primary elements: (1) whether the subject matter of the book was a matter of public concern, and (2) if so, whether the public interest in the subject matter outweighed the Prime Minister’s right to privacy.
The ECtHR found that, although the subject matter did concern the public interest (by the mere fact that it concerned an official holding public office at the time), the public’s interest in the Prime Minister’s sex life did not outweigh the Prime Minister’s right to privacy concerning those details.
Thus, the ECtHR agreed with the domestic courts and found no violation of Article 10 ECHR.
Decision Direction
Quick Info
Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.
Contracts Expression
Although the ECtHR protected the Finnish Prime Minister’s right to privacy by upholding the Finnish Courts’ decision to fine and suppress a publication containing details of the Prime Minister’s sex life, the ECtHR contracted the freedom of expression concerning public figures. For better or for worse, this case puts ECHR States Parties on notice that, even if a public official’s sex life piques the public’s interest, the official’s right to privacy outweighs a publisher’s freedom to publicize such details.
Global Perspective
Quick Info
Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.
Table of Authorities
Related International and/or regional laws
- ECHR, art. 10
- ECtHR, Nilsen v. Norway, App. No. 23118/93 (1999)
- ECtHR, Janowski v. Poland, App. No. 25716/94 (1999)
- ECtHR, Fressoz v. France, App. No. 29183/95 (1999)
- ECtHR, News Verlags GmbH & Co. KG v. Austria, App. No. 31457/96 (2000)
- ECtHR, Tromsø v. Norway, App. No. 21980/93 (1999)
- ECtHR, Steel and Morris v. United Kingdom, App. No. 68416/01 (2005)
- ECtHR, Von Hannover v. Germany , No. 59320/00 (2004)
- ECtHR, MGN Limited v. United Kingdom, App. No. 39401/04 (2011)
- ECtHR, Von Hannover v. Germany (No. 2), App. No. 40660/08 & 60641/08 (2012)
- ECtHR, Axel Springer AG v. Germany, App. No. 39954/08 (2012)
- ECtHR, Flinkkilä v. Finland, App. No. 25576/04 (2010)
- ECtHR, Saaristo v. Finland, No. 184/06 (2010)
- ECtHR, Nikula v. Finland, No. 31611/96 (2002)
- ECtHR, Karhuvaara and Iltalehti v. Finland, App. No. 53678/00 (2004)
- ECtHR, Eerikäinen v. Finland, App. No. 3514/02 (2009)
Case Significance
Quick Info
Case significance refers to how influential the case is and how its significance changes over time.
The decision establishes a binding or persuasive precedent within its jurisdiction.
This case has a persuasive effect on ECHR States Parties. It puts ECHR States Parties on notice that, even if a public official’s sex life piques the public’s interest, the official’s right to privacy outweighs a publisher’s freedom to publicize such details.
The decision was cited in:
Official Case Documents
Official Case Documents:
Reports, Analysis, and News Articles:
- Human Rights Action Report
http://www.hraction.org/wp-content/uploads/Bulletin-XXX-Judgements-from-January-2014.pdf
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