Case

After a famous statesman's retreat from politics, his former secretary published a biography revealing many details about his family life. Can the statesman sue the author and the publisher for damages and injunction?

Discussions

Austria

Operative rules

Whether the statesman is entitled to sue his former secretary and the publisher of the book for damages depends on particular circumstances.

Descriptive formants

In general, § 7 MedienG, which protects the right of ‘utmost intimacy’ (‘höchstpersönlicher Lebensbereich’), for example family life, health and sexual life, corresponds with Art. 8 ECHR. In principle, all persons – including politicians, statesmen and other ‘public figures’ – are protected against unlawful public exposure through media reports, books, etc.

If the allegations made are true, under § 7, subs. 2(2) MedienG, it is of central importance whether the published facts relating to the claimant's private life are strongly connected with his/her public life. In addition, the particular behaviour and intention of the party infringing the privacy of the claimant is relevant.

Austrian courts and scholars combine these elements in a flexible way: the less the private details (e.g. conjugal disputes between the statesman and his wife) are connected with the claimant's public life and the more malicious their description, the more plausible a claim for damages even if the story is true.