CA versailles 19.12.2023

The right to public information and the right to one’s image – Balancing two principles of equal normative value – CA Versailles, 1st Ch., December 19, 2023, 21/05708

A publishing company published an article on the cover of its weekly magazine, accompanied by photographs of a famous journalist. The journalist felt that the publication infringed his privacy and right to his image.

In balancing the right to one’s image against the right to freedom of expression, the judges pointed out that the contribution of the offending publication to a debate of general interest, the notoriety of the person concerned, the subject of the report, the previous behavior of the person concerned, the content, form and repercussions of the publication, and the circumstances in which the photographs were taken must be taken into consideration. Invasion of a public figure’s privacy or right to his or her image may be justified by the public’s right to information only if the subject matter is of general interest and fuels public debate.

In this particular case, the content of the magazines in question does not contribute to such a debate, being of a private nature. However, in view of the journalist’s reputation and previous conduct, the court considered that the information disclosed did not constitute a violation of his privacy or his right to his image. As a very popular journalist who has held an important position on television for a long time, he is closely linked to the media, which influences the way he is perceived and treated by them.