conlawprof  

European free speech law related to unauthorized biographies

Volokh, Eugene
Tue, 26 Jan 2010 09:38:07 -0800

Any thoughts on this case?  The documentary would surely be protected - setting 
aside the possibility that includes knowingly false statements of fact - in the 
U.S., but I'm curious what the rules would be in France and elsewhere in Europe.

Eugene

http://www.washingtonpost.com/wp-dyn/content/article/2010/01/25/AR2010012503690.html?hpid=moreheadlines

Long before Osama bin Laden, Ilich Ramírez Sánchez, a.k.a. Carlos the Jackal, 
was the most famous terrorist of his era, bursting onto the scene with a 
spectacular hostage-taking of 11 OPEC oil ministers in 1975 and feeding his 
fame with more bloody attacks in the late 1970s and early 1980s. ...
Ramírez ... has brought suit against a French production company shooting a 
documentary film on his life and legend, demanding a say on the final cut.
Isabelle Coutant-Peyre, the lawyer representing Ramírez, said that Ramírez is 
demanding that the Film in Stock production company hand over a master copy of 
the documentary as soon as it is finished and grant him three months to review 
the content and impose changes. Anything else, she said in an interview Monday, 
would violate his intellectual property rights to his name and "biographical 
image."
Coutant-Peyre, who is Ramírez's wife as well as his attorney, said the 
documentary, being shot for 
France's<http://www.washingtonpost.com/wp-srv/world/countries/france.html?nav=el>
 Canal Plus television network, would likely be a propaganda film unless she 
and her husband were granted a right to oversee its accuracy. She charged that 
statements by the producers indicate they plan to portray Ramírez as the 
instigator of terrorist attacks for which he has not been convicted, violating 
his right to presumption of innocence. ...
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