1.000,- EURO
Compensation for
Nude picture.
1.000,- EURO
Compensation for
Nude picture.
from
What are the consequences of sending nude pictures or sexual images of your classmates via text message or WhatsApp? What claims do those affected by sexting (i.e. sending explicit content via text message, WhatsApp or similar services) have? The Regional Court of Frankfurt am Main has now awarded compensation for pain and suffering in one case.
What is it about?
A schoolgirl born in 1994 photographed herself and her boyfriend in highly intimate situations and saved these images on her iPhone. When she was visiting a classmate who was two years younger than her, the student charged her iPhone via the classmate’s laptop. During the charging process, the images were transferred to the classmate’s laptop. The classmate forwarded the images to a third party.
The student then sent her classmate a cease and desist letter and reported her to the public prosecutor’s office. After the classmate acknowledged claims for injunctive relief in the trial, the parties argued about compensation for pain and suffering, which the pupil demanded for sending the intimate photos. Out of court, the pupil in question demanded at least EUR 5,000 in compensation for pain and suffering.
Decision by the court
The Regional Court of Frankfurt a. Main (Judgment of 20.05.2014 – Ref. 2-03 O 189/13 ) ordered the classmate to pay EUR 1,000 in damages.
Since the pupil was recognizable in the intimate photos, the distribution by the classmate constituted an infringement of the personality rights of the pupil depicted. However, not every violation of personal rights triggers claims for compensation for pain and suffering. However, since in the case at hand, pictures were distributed in which sexual acts of the underage pupil can be seen, there was such a serious violation of personal rights that the pupil concerned was entitled to compensation for pain and suffering.
However, since the pupil had taken the pictures herself, the classmate had obtained the pictures more by chance through the loading process and the classmate regretted the incident and criminal proceedings had already been initiated, compensation for pain and suffering in the amount of EUR 1,000 was sufficient.
Conclusion
Young people’s carelessness in dealing with intimate photos and sharing them on social networks, via WhatsApp or text messages can not only have unpleasant consequences for the person depicted, but can also be expensive for those who send and forward the images and even result in criminal prosecution.
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