Discussion by Dr. Ralph Oliver Graef on the BGH decision GRUR-Prax 2023, 682 - The right to no longer be a victim).
The background to this was a 2018 ZDF film about abducted children. This shed light on two abduction cases from the perspective of a journalist involved in the liberations. ZDF also reported on the abduction of the then eight-year-old plaintiff, which ended with her release after a ransom was paid, mentioning her birth name. To illustrate this, ZDF used two photos of the plaintiff, which her parents had made available to the investigating authorities for a public search. In addition, the cover page of a magazine was shown on which the plaintiff was pictured with her mother after her release. The Federal Court of Justice sets the duty of care of the press to obtain consent to use the images extremely high - even more than 30 years after the crimes. Too high, in the opinion of Dr. Ralph Oliver Graef.