Atteinte à la vie privée ou droit à l'information pour des photos de famille

l'article 11 de la déclaration des droits de l'homme et du citoyen de 1789 protège la liberté d'expression.

Arrêt de la cour de cassation du 25 novembre 2004 :
"Mais attendu que l'arrêt retient que la relation du procès de M. X... et de son épouse, tous deux renvoyés devant la cour d'assises des Hauts-de-Seine du chef de violences sur leur enfant mineur ayant entraîné sa mort, les circonstances de la mort de l'enfant et l'évocation des relations des époux, au coeur des débats, constituaient un événement d'actualité dont Paris-Match pouvait légitimement rendre compte ; que l'article est illustré de clichés photographiques représentant les époux X... notamment dans une scène de leur vie familiale, en train de donner le biberon à l'enfant, et lors de leur mariage dans une pose plus conventionnelle ; que les faits commis au domicile conjugal des époux X... ont nécessairement placé au centre des débats publics l'intimité de leur couple et la personnalité de chacun, y compris celle de M. X... dont il a été largement et publiquement débattu pendant le procès ;

Que de ces constatations et énonciations, la cour d'appel a déduit à bon droit que la publication, au soutien d'un événement d'actualité judiciaire, de clichés pris dans le cercle de famille n'avait pas été de nature à porter atteinte à l'intimité de la vie privée de M. X... ni à aucun autre de ses droits ;"

Il y avait une vraie actualité sur cette famille, donc Paris-Match avait le droit de publier des photos de cette famille dans un cadre privé, il n'y a d'atteinte à la vie privée sur la base de l'article 9 du code civil.

Commentaires

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