Payment Arrangement: Remuneration for the model due to the unintended exposure of breast images in photographs - Ruling: Award for Unsolicited Breast Exposure Photos Compensation
A 22-year-old model from Frankfurt, who was inexperienced on the runway, recently won a landmark case at the Frankfurt Higher Regional Court. The court awarded her **4,000 euros in compensation** for an incident that occurred during a fashion week event in Frankfurt.
During a photoshoot on the runway, the model's top slipped, exposing her left breast below the nipple. Despite her objections, a tabloid published an explicit photo of the incident. The newspaper used the term "wardrobe malfunction" in its text, implying the exposure was unintentional.
The plaintiff argued that the publication of the explicit photo had demeaned her moral and ethical feelings and infringed upon her personal rights. The court agreed, recognising that the publication was a violation of the model's personal rights due to the unwanted public display of her breast without consent.
The Frankfurt Regional Court initially awarded the model 5,000 euros in compensation. However, both parties appealed the initial ruling. In the appeal, the Higher Regional Court acknowledged the personal and reputational impact on the model and considered a compensation of 3,000 euros to be appropriate.
The court's ruling emphasized protection against such unauthorized exposures and affirmed the model's claim for damages on grounds of personal dignity and privacy infringement related to the exposure in the photographs. This decision sets a precedent for future cases involving intimate personal rights violations through photographic publications.
It is worth noting that the model started her walk with her breast covered, highlighting the unintentional nature of the exposure. Despite the reduction in the compensation amount, the court's ruling sends a strong message about the importance of respecting individuals' personal rights and privacy, particularly in sensitive situations like this one.
[^1^] Source: Spiegel Online, "Fashion Model Wins Compensation for Unauthorised Breast Exposure in Photos", 2021. [^2^] Source: Deutsche Welle, "German court rules in favor of model in breast exposure case", 2021.
The 22-year-old woman from Frankfurt celebrated her victory in the Oberlandesgericht Frankfurt, as the court granted her a revised compensation of 3,000 euros for the unauthorized exposure of her breast during a fashion event in Frankfurt. This case, which has set a precedent, demonstrates the court's commitment to upholding personal dignity and privacy rights, beyond the world of fashion and lifestyle, and even extending to celebrities in the realm of entertainment and fashion-and-beauty industries.
