Communicated on 12 February 2019

FOURTH SECTION

Application no. 35582/15 I.V.Èš. against Romania lodged on 9 July 2015

SUBJECT MATTER OF THE CASE

The application concerns civil proceedings for moral damages lodged by the applicant against a TV channel in connection with an interview given by her minor daughter without prior parental consent. The applicant contended that as a result of the statements made, her daughter had been mistreated and oppressed by her teachers and colleagues.

The interview was aired on 22 October 2012 on the Romania TV channel and posted on the channel’s internet page, where it can still be accessed.

By a final judgment of 29 January 2015, the Ploiesti Court of Appeal dismissed the applicant’s claims holding that in the absence of negligence the TV station cannot be held liable for tort.

The applicant complains under Article 8 of the Convention that her minor daughter was interviewed without prior parental consent and that no appropriate measures to protect her identity and privacy, such as facial and voice distortion, were taken.

QUESTIONS tO THE PARTIES

1. Has the State fulfilled its positive obligations in the present case to ensure effective respect of the applicant’s minor daughter’s right to respect for her private life under Article 8? In particular, was the way in which the domestic courts decided on the applicant’s claims against the TV Station, compatible with the requirements of Article 8 of the Convention?

2. Having regard to the answer to the above question, has there been a violation of the applicant’s daughter’s right to respect for her private life, contrary to Article 8 of the Convention?