balancing article 8 and 10

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7 Terms

1
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what case set out the criteria for balancing article 8 and 10

axel springer v germany

2
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what is the first factor?

does the information contribute to a debate of general interest

3
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what is the second factor?

the notoriety of the person concerned and the subject matter of the report - public figures must expect their lives to be of public interest

4
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what is third factor?

the prior conduct of the person concerned - just because they have previously cooperated does not mean they must in the future

5
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what is the fourth factor?

the method of obtaining the information and its veracity - e.g. was there consent?

6
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what is the fifth factor?

the content, form and consequences of the publication

7
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what is the sixth factor?

do the sanctions imposed have a chilling effect on the person or body bringing the action