The Public Figure Doctrine and the Right to Privacy

Abstract

This article argues that the public figure doctrine is doctrinally problematic and conceptually and normatively flawed. Doctrinal uncertainty surrounds who is affected and how rights are affected. Conceptually it raises challenges for universality, the non-hierarchical relationship between Articles 8 and 10 ECHR, the process of resolving rights conflicts, and the relationship between domestic law and the Convention. All of which necessitate a strong normative justification for the distinction. Yet there is no compelling rationale. The values underpinning the right to privacy of public figures are no different from those of other persons and there are other better mechanisms of accounting for freedom of expression. We should therefore reject the idea that public figures have fewer or weaker privacy rights or that the process of dealing with their rights is different and instead focus squarely upon the relative importance of the rights, and the degree of intrusion into those rights.

Bridging Legal Methodology and Ethical Considerations: A Novel Approach Applied to Challenges of Data Harvesting

“…Therefore, this would have to be regarded as disproportional, as well. In the same way as this balancing approach does not leave room for a doctrine of only minimal protection for "public figures" in press cases (Hughes, 2019), it would not allow for a broadly understood exemption from personality rights protection of data that are available "in public. "…”

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“…76 In her work, Kirsty Hughes shows that the external construction of 'reasonable expectations of privacy' is similarly essential when determining which matters are of legitimate public interest or who should be deemed a 'public figure'. 77 Second, public space and public domain disclosures are also likely to be weighty factors in deciding consequent questions of necessity and proportionality. 78 The European Court of Human Rights has repeatedly asserted that individuals enjoy a reasonable expectation of privacy regarding personal matters even when in public places.…”