Ultimately, Article 8 jurisprudence, particularly in the ECtHR, occasionally adopts reasoning that contains echoes of the ‘photographs steal souls’ mythology. Atlantic Recording Corporation (simply known as Atlantic Records) is an American record label founded in October 1947 by Ahmet Ertegün and Herb Abramson. But the medium also leads viewers to overlook its inherent complexities and ambiguities. This is because photography creates a permanent, infinitely replicable ‘truthful’ record of the individual’s image that can be disseminated to the objectifying gaze of a mass audience. Part 3 argues that photography becomes a relevant factor at publication stage, where courts agree that the distinctive features of the medium may cause or exacerbate intrusion. Yet there is a divergence of approach in the English courts, where personality theory has limited influence here there is traditional scepticism towards an image right and photographic capture is largely neglected. This leads to potentially stronger protection for image, including a basic Article 8 right to control one’s image. Part 2 argues that this ‘spiritual intrusion’ metaphor is influential in the continental personality right that informs the ECtHR’s approach to Article 8 protection for photographed individuals. It argues that ‘intrusion’ functions as a legal metaphor and plays an important role in constructing a binary between an outer self presented to the world and a ‘spiritual’, emotional interior that privacy purports to protect from transgression. Part 1 examines the notion of ‘intrusion’ itself. This article is concerned with explaining why this is so. In Article 8 ECHR privacy right jurisprudence, photographs are deemed distinct forms of information that are particularly intrusive in nature.
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