Media Law Attorney
The General Right of Privacy
Press law often concerns the general freedom of expression, artistic freedom, and the general right of personality. General personality rights in the context of press law always involve an examination of the respective scope of protection, namely the public sphere, the social sphere, the private sphere, and the confidential/intimate sphere. These different spheres must be distinguished from one another in the context of potential legal violations. Their boundaries determine what the press is permitted to publish and what it is not. Here are some notes on the various spheres:
1. Public sphere: This sphere concerns actions or events that are in the public interest or of public concern. Public figures typically have less protection against publications about them, as they have voluntarily entered the public sphere. Here, the requirements for consent to the publication of information are less stringent.
2. Social sphere: This sphere covers aspects of social life that are not necessarily in the public interest but cannot be considered private. This may include information about family life, social activities, or personal relationships. Protection in the social sphere is stronger than in the public sphere but weaker than in the private sphere.
3. Private Sphere: This is the area that is most heavily protected and encompasses personal matters that have nothing to do with public or social interests. These include, for example, health status, sexual orientation, financial situation, or private communications. Publications in this area generally require the explicit consent of the person concerned.
4. Intimate Sphere: This is the most sensitive area and encompasses personal and private matters that are highly worthy of protection. These include intimate details about a person’s private life, such as sexual preferences, medical diagnoses, or family problems. The publication of such information is generally permitted only with explicit consent or in very limited cases justified by the public interest.
Has the press or an online source published false claims about you? With a right of reply, you can set the record straight in the same publication—without having to prove that the report was false. But the deadlines are tight.
Negative search results or reputation-damaging content on Google can have serious consequences. Find out when removal or delisting is possible and how we can effectively enforce your rights.
Photos and videos cannot be published at will. Learn when consent is required, what exceptions apply, and how you can protect yourself against unauthorized publications.
Claims Regarding Freedom of Expression in Press Law
Do you have claims under defamation law, or do you need to defend yourself against such claims? In such cases, the issue usually revolves around whether a statement of fact or a value judgment is being disseminated. A key consideration here is often the line between legitimate criticism and defamatory criticism, as well as whether the facts being disseminated are true or false. Depending on the specific circumstances of your case, we can help you enforce or defend against claims for removal, injunctions, and damages—often in proceedings for a preliminary injunction.
Rights to Self-Portrayal Under Press Law
In our legal practice, we often deal with the right to self-expression, the right to one’s own name—including its overlap with trademark law—the right to one’s own image, the right to one’s own words, and the right to one’s own reputation. In this context, the fields of satire and caricature also frequently play a special role.
Photographs of prominent figures in contemporary history
Are you a public figure—someone well-known in the public eye—and would you like to know whether you have to tolerate being photographed? Press law is one of our core areas of practice as attorneys specializing in copyright and media law.
Direct contact with the press attorneys:
We're here to help you with all these questions regarding press law, both in and out of court. Contact us by phone at +49-221-4201074 or by email at info@rehkatsch.de and let us know how we can assist you.