"Personality Rights in European Tort Law" ed. by Gert Brüggemeier, Aurelia Colombi Ciacchi, Patrick O'Callaghan

This 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.

Contents
List of contributors
National reporters
General editors' preface
Preface
Editorial note
List of abbreviations
Part I Mapping the legal landscape
1 General introduction
2 Protection of personality rights in the law of delict/torts in Europe: mapping out paradigms
1 Introduction
2 Two distinct paths of civil law of delict
A France
B Germany
3 Two different paths of liability law
A Common law of torts and statutory law: England
B Scandinavian law: Sweden
4 A European perspective - Art. 8(1) ECHR
3 American tort law and the right to privacy
1 Introduction
2 The birth of a tort
3 The first steps
4 Evolution of a tort
5 Additional protection for peace of mind
6 The academic backlash
7 The United States Supreme Court intervenes
8 The present status of the unwarranted-disclosure privacy tort
9 The present status of the intrusion privacy tort
10 The present status of the false-light privacy tort
11 The present status of the misappropriation privacy tort
12 Conclusion
Part II Case studies
4 Case 1: The corrupt politician
5 Case 2: Convicted law professor
6 Case 3: The paedophile case
7 Case 4: An invented life story?
8 Case 5: A former statesman’s family life
9 Case 6: A satirical magazine
10 Case 7: A snapshot of a person
11 Case 8: A paparazzo’s telephoto lens
12 Case 9: Naked.Little.Girl.Com
13 Case 10: The late famous tennis player
14 Case 11: The popular TV presenter
15 Case 12: Copied emails
16 Case 13: Brigitte’s diaries
17 Case 14: Tape recordings of a committee meeting
18 Case 15: ‘Light cigarettes reduce the risk of cancer’
19 Case 16: Doctor’s non-disclosure of a foetal disease
20 Case 17: WAF - A gang of incompetents?
Part III A common core of personality protection
21 A common core of personality protection
1 Dignity and honour
2 Privacy
3 Right to one’s image and likeness
4 Commercial appropriation of personality
5 Right to personal identity
6 Self-determination
7 Protection of personality of legal persons?
8 Personality violations through the internet
9 Conclusion
Index

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