Image reporting on Christian Wulff permitted?

A legal dispute between former Federal President Christian Wulff and Bauer Verlag ended with a ruling by the Federal Court of Justice (BGH), which classified the relevant photographs as falling within the scope of contemporary history.

In May 2015, Christian Wulff announced in a press release that he and his wife were living together again. Shortly thereafter, an article about Christian Wulff and his wife was published in the illustrated magazine "People" under the heading "Love Comeback". This article was illustrated, among other things, with a photograph showing the former Federal President and his wife at a car.

Another article in the magazine "Neue Post" with the title "After the reconciliation – Christian Wulff – Who loves Bettina pushes!" was illustrated with a photograph of Wulff with a filled shopping trolley.

Christian Wulff sued the publisher for an injunction and was successful in the lower instances.

Decision of the Federal Court of Justice (BGH) – Christian Wulff is a person of contemporary historical significance

By ruling of 06.02.2018 (AZ: VI ZR 76/17), the Federal Court of Justice (BGH) overturned the prior decisions and dismissed the action (Press release of the Federal Court of Justice (BGH) 24/2018 of 06.02.2018).

The published photographs were to be classified as falling within the scope of contemporary history. They could therefore be disseminated even without Wulff's consent. Legitimate interests of Wulff were not thereby violated.

In the view of the Federal Court of Justice (BGH), the lower courts failed to sufficiently consider Christian Wulff's particularly prominent position as a former head of state, the context of the contested image reporting, and the extent of Wulff's prior self-disclosure in practice. For this reason, priority was wrongfully accorded to his right to personality over the protected freedom of the press.

Wulff's prominent political significance as holder of the highest state office and the legitimate public interest in his person did not end with his resignation from the office of Federal President; rather, the special significance of the office continued to have effect. Even after his resignation, Christian Wulff, who as "former Federal President" continues to fulfill numerous political and social obligations, fulfills a role model and contrast function even in the normalcy of his everyday life.

In connection with the textual reporting, the publications made a contribution to a discussion of general interest. They refer to the reconciliation with his wife, which Wulff himself had confirmed just a few days earlier by press release. The subject matter of the reporting was furthermore the division of marital roles. The photographs illustrate this and at the same time serve as evidence.

In the view of the Federal Court of Justice (BGH), it was furthermore necessary to consider that Wulff had repeatedly raised issues concerning his marriage and family life in public in the past and had thereby consented to a public discussion of this subject.

By contrast, no overriding weight could be accorded to the opposing legitimate interests of the former Federal President. The photographs show Christian Wulff in an innocuous everyday situation and in the role of a caring family father.

Conclusion

In principle, photographs of persons may only be published and disseminated with their consent. However, there are some statutory exceptions providing that consent is not required. One of these exceptions is, among others, the dissemination of images from the scope of contemporary history. As a former Federal President, Christian Wulff must accept, in the view of the Federal Court of Justice (BGH), that everyday photographs of him are also disseminated. These photographs too are to be classified as falling within the scope of contemporary history.