Information Note on the Court’s case-law 7

June 1999

News Verlags GmbH & Co.KG v. Austria (dec.) - 31457/96

Decision 1.6.1999 [Section I]

Article 10

Article 10-1

Freedom of expression

Prohibition on publishing pictures of a person against whom criminal proceedings are pending: admissible

The applicant company published articles concerning a series of letter bombs which had been sent to a number of politicians and other public figures. These articles dealt with the neo-Nazi scene in Austria and in particular with B., arrested on suspicion of having committed offences under the National Socialism Prohibition Act and of having aided and abetted assault. Pictures o f him were published by the applicant company with comments leaving no doubt as to his guilt. B. first brought preliminary injunction proceedings and then full proceedings against the applicant company requesting that the publication of photographs of him with articles relating to the pending criminal proceedings be forbidden. The Commercial Court eventually ordered the applicant company to refrain from publishing pictures of B. with comments implying he was guilty. The Court of Appeal later prohibited the applicant company from publishing pictures of him with articles on the pending criminal proceedings, without, however, imposing any restrictions on the content of these articles. The Supreme Court confirmed the decision.

Admissible under Article 10.

© Cou ncil of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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