The Cologne Higher Regional Court had to decide whether the publication of paparazzi photographs from the private life of a celebrity and her daughter in a tabloid magazine was permissible (Cologne Higher Regional Court, judgment of 28.03.2019, Ref.: 15 U 155/18). The background to the reporting was the celebrity’s involvement in the bicycle helmet campaign “Du bist mir nicht egal” in 2017. The current plaintiff campaigned for the wearing of cycle helmets in road traffic.
It depends …
One photograph now showed the celebrity cycling, but without a bicycle helmet, under the title “Isn’t something missing?”. Other secretly taken photographs showed both her pushing the bike and her daughter wearing a bicycle helmet. The lower court already differentiated between the individual photos with regard to the admissibility of publication.
… what can be seen in the pictures
In the opinion of both courts, the publication of the photograph showing the plaintiff riding without a bicycle helmet was permissible. In view of the role model function of celebrities, it was to be expected that they would adhere to the core message of the campaign “I care about you”.
Protected parent-child situation
However, the publication of the photograph in which she was pushing a bicycle and a section of the picture in which her daughter, who was not yet of school age, was not permitted, as it interfered with the protected parent-child situation. The area in which children are allowed to feel and develop free from public observation must be more comprehensively protected than that of adults. The magazine’s interest in publication must therefore take second place to the rights of the child concerned.
The fact that the mother behaved inconsistently with the commitment of the “I care about you” campaign by riding without a bicycle helmet was no different. This and other aspects should not be to the detriment of the child.
OLG Cologne, press release from 03.04.2019