Brüggemeier G., Ciacchi A.C., O'Callaghan P. (eds.) Personality Rights in European Tort Law. The Common Core of European Private Law

Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo: Cambridge University Press, 2010. - 620 pagesISBN: 0521194911 9780521194914This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective.
The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image.Gert Brüggemeier is Professor of Private Law, European Economic Law and Comparative Law at the Law Faculty, University of Bremen.Aurelia Colombi Ciacchi is a Senior Researcher at the Centre of European Law and Politics (ZERP) at the University of Bremen and a Lecturer in Comparative Law at the Hanse Law School, Bremen.Patrick O'Callaghan is a Lecturer in Law at Newcastle University Law School.List of contributors
National reporters
General editors' prefaceEditorial note
List of abbreviationsMapping the legal landscapeGeneral introduction
Protection of personality rights in the law of delict/torts in Europe: mapping out paradigmsTwo distinct paths of civil law of delict
France
Germany
Two different paths of liability law
Common law of torts and statutory law: England
Scandinavian law: Sweden
A European perspective - Art. 8(1) ECHR
American tort law and the right to privacyThe birth of a tort
The first steps
Evolution of a tort
Additional protection for peace of mind
The academic backlash
The United States Supreme Court intervenes
The present status of the unwarranted-disclosure privacy tort
The present status of the intrusion privacy tort
The present status of the false-light privacy tort
The present status of the misappropriation privacy tortCase studiesCase 1: The corrupt politician
Case 2: Convicted law professor
Case 3: The paedophile case
Case 4: An invented life story?
Case 5: A former statesman’s family life
Case 6: A satirical magazine
Case 7: A snapshot of a person
Case 8: A paparazzo’s telephoto lens
Case 9: Naked.Little.Girl.Com
Case 10: The late famous tennis player
Case 11: The popular TV presenter
Case 12: Copied emails
Case 13: Brigitte’s diaries
Case 14: Tape recordings of a committee meeting
Case 15: ‘Light cigarettes reduce the risk of cancer’
Case 16: Doctor’s non-disclosure of a foetal disease
Case 17: WAF - A gang of incompetents?A common core of personality protectionA common core of personality protection
Dignity and honour
Privacy
Right to one’s image and likeness
Commercial appropriation of personality
Right to personal identity
Self-determination
Protection of personality of legal persons?
Personality violations through the internet