Skydragon said:
Apparently, if she goes to Bouji's she has put herself in the public arena, if she is going to or from work, that is private. Shopping - anyones guess and open to abuse I would have thought.
After reading these posts I finally hunted out Princess Caroline's case in the European Court of Human Rights and read it. It is well worth reading because it addresses the same issues that arise in respect of Kate, and it is interesting to see how the various German Courts dealt with the issues and to read the reasoning of the European Court of Human Rights.
Caroline submitted that "as soon as she left her house she was constantly hounded by paparazzi who followed her every daily movement, be it crossing the road, fetching her chidlren from school, doing her shopping, out walking, practising sport or going on holiday". Sound familiar?
The case related to certain specific photographs, of Caroline shopping, horse riding, skiing, at a swimming pool at the Monte Carlo Beach Club, playing tennis, etc., and strictly relating to her private life. The Court had to balance the protection of private life against freedom of expression (which embraces the right of the public to be informed). There are a lot of technicalities relating to the specific laws applicable, but also discussion of general principle and what is "private".
The words, "public arena" were not used, and I hoped they might to provide a defintion. In the absence of a legal definition I think they are an unfortunate choice because to me "public arena" includes any place open to the public, which includes footpaths, shops, anywhere else the general public can go.
Here we go again!
The decision of Hannover -v- Germany 59230/00 ECHR 294 (24 June 2004) can be found at
VON HANNOVER v. GERMANY - 59320/00 [2004] ECHR 294 (24 June 2004)
