"Invasion of Privacy"
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ance ‘‘Invasion of Privacy’’ Code of Civil Procedure, Art. 1134 – M.Z. et al. v. Te´le´vision franc¸aise 1 (TF1) et al. Decision of the Supreme Court (Cour de cassation) (Civil Law Section, 1st Chamber) 4 November 2011 – Case No. 10-24.761
Max Planck Institute for Intellectual Property and Competition Law, Munich 2013
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Contracts dealing with the image of a person should be strictly interpreted. The permission granted by a police officer for the dissemination of his image does not cover per se the permission for the disclosure of his name and rank.
Facts: Police officers of an anti-crime unit in southern France granted a contractual authorization to be filmed without ‘‘blurred faces’’ during one of their operations for the purposes of a TV report on French television. However, apart from the images of the police officers, the report disclosed their names and ranks, although this was not expressly authorized by the contract. The police officers brought a claim against the French television company, the programme director and the producers of this report on the grounds of invasion of privacy caused by the disclosure of their names and ranks. The court of appeal found that, since the police officers gave their consent for the dissemination of their images for the purposes of the TV report, the production company of the latter was also tacitly authorized to reveal their names and ranks. The police officers challenged this decision before the French Supreme Court.
Findings: … The court of appeal has infringed the above-mentioned Art. [1134 Civil Code] [since] the permission granted by a person for the dissemination of his image cannot be considered in itself as permission for disclosure of his name and rank.
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‘‘Invasion of Privacy’’
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Translated from Bulletin des arreˆts de la Cour de cassation, Chambres civiles, No. 9, November 2011, de´cision No. 196, p. 193. Available at: http://www. courdecassation.fr/IMG/pdf/bull_civ_nov2011.pdf. Translated by Theodoros Chiou.
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