Media is both a blessing and a curse for celebrities. Without a presence in the media, it is now almost impossible to establish yourself as a brand. At the same time, however, the constant media attention can also become a great burden, especially if privacy is not respected. We are aware of this area of tension and help celebrities with great sensitivity to protect their interests vis-à-vis the media and the public.
General Personal Rights vs. Freedom of the Press
Press reporting fulfils an important social function and is protected by the fundamental right to freedom of the press (Article 5, Paragraph 1, Sentence 2 of the Basic Law). However, freedom of the press is not guaranteed without limits, but must also adhere to certain limits. In particular, it must respect the general personal rights (Article 2, Paragraph 1 of the Basic Law, Article 1, Paragraph 1 of the Basic Law) of the persons to whom the reporting refers.
Where the line is crossed between permissible reporting and a violation of general personal rights cannot be determined in the abstract, but depends on the circumstances of the individual case. However, case law has established criteria that help to determine a violation of rights in a specific case. For example, a distinction is made between verbal reporting on the one hand and image reporting on the other.
We would be happy to assist you with our experience if you feel that your rights have been violated by reporting or if you are looking for competent legal advice for other reasons.
How can one take action against inadmissible reporting?
If the general personal rights of prominent persons are violated by inadmissible verbal and/or visual reporting, then various claims can be asserted.
First of all, there are claims for removal and injunctive relief. If necessary, these can be enforced very quickly by means of a warning and, if necessary, an interim injunction. In addition, depending on the circumstances, claims for compensation for pain and suffering and claims for damages for economic or reputational damage may be considered. Finally, in the case of verbal reporting, claims for a counterstatement, correction, retraction or rectification may also be made.
We advise and represent you on how to proceed in cases of inadmissible reporting and enforce your claims together with you.
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Media law attorney
Dr. David Slopek has more than 10 years of intensive practical experience gained in Germany and abroad. After completing his studies, obtaining a Master of Laws and a doctorate at Heinrich-Heine-University-Düsseldorf, he was admitted to the bar by the Düsseldorf Bar Association in 2012. He learned his legal craft from scratch in a leading international law firm, for which he worked for around seven years in Alicante and Hamburg. In 2016, the Hanseatic Bar Association of Hamburg awarded him the title of specialist lawyer for intellectual property law. In addition to his professional qualifications, he has also published extensively, with over 80 specialist publications. He and his team will advise you with expertise and experience in all matters of trademark law.