[FONT='Times New Roman','serif']Human Rights in Private Law[/FONT]
[FONT='Times New Roman','serif'] By Daniel Friedmann, Daphne Barak-Erez[/FONT]
[FONT='Times New Roman','serif']Page 171:[/FONT]
[FONT='Times New Roman','serif']“[/FONT][FONT='Times New Roman','serif']2. Freedom of expression under Article 10 of the ECHR and German private law [/FONT]
[FONT='Times New Roman','serif'] To a certain extent, Article 10 of the ECHR constitutes the counterpoint to Article 8 of the Convention; whereas the latter protects different elements of privacy, Article 10 safeguards the participation of the individual in the social process of communication.[/FONT]
[FONT='Times New Roman','serif'](a) [/FONT][FONT='Times New Roman','serif']The Application of Article 10 of the ECHR by German Courts in Civil Proceedings[/FONT]
[FONT='Times New Roman','serif'] Article 10 of the ECHR plays a less significant role than Article 8 in German private law.[/FONT]
[FONT='Times New Roman','serif'] Article 10 and the German law of landlord and tenant: the Magistrate’s Court (Amtsgericht) of Tauberbischofsheim in the State of Bavaria was required to decide whether the tenant of an apartment can demand that his landlord allow him to install a satellite dish on property belonging to the landlord. Under German law, a landlord is required to allow the installation of a satellite dish only if there is no other adequate possibility –for example, through cable-of receiving the normal variety of television programmes. In this case, the tenant was of Turkish origin and wanted to receive Turkish television broadcasts by satellite, which he could not receive by cables or the airwaves. The court found as an important reason to allow the tenant to install the dish the fact that it would provide him with an appropriate source of information. This was based on the tenant’s freedom of expression and information under Article 10 of the ECHR.[/FONT]
[FONT='Times New Roman','serif'] We can assume that the court applied Article 8 of the Convention rather than Article 5 of the German Constitution, which also guarantees freedom of information, because there was a transnational dimension to the case’s set of facts. A Turkish citizen living in Germany wanted to receive television broadcasts from Turkey. “[/FONT]