Dosamantes v. Spain: Privacy and Media Discussion of a Public Figure's Sexual Orientation

Abstract

In Dosamantes v. Spain, the European Court of Human Rights considered the question of whether "discussing" aspects of a public figure's private life, including speculating about her sexual orientation, during a television chat show, had violated Article 8 of the European Convention on Human Rights. The Court ultimately held that there had been a violation of the public figure's right to private life. This article discusses the Court's reasoning, and puts forward two broad points cornering (a) the precise aspect of the public figure's right to respect for private life that was under consideration; and (b) the standard of scrutiny the Court applied when considering whether the Spanish courts "struck a fair balance" between Article 8 and Article 10.

Keywords: Privacy, freedom of expression, media freedom, sexual orientation