Matrix Media Update – 26 November 2010

26 11 2010

This is a Media Law Update covering the last week prepared by the Legal Information Team at Matrix Chambers, which they have kindly agreed to make available to readers of Inforrm.

Latest Cases

Petrov v Bulgaria (App No. 27103/04). ECtHR – 23 Nov 2010.  Admissibility decision – relying on ECHR, arts 3 (prohibition of inhuman or degrading treatment), 6 § 1 (right to a fair trial), 8 (right to private life), 10 (freedom of expression and information), 13 (right to an effective remedy) and 14 (prohibition of discrimination), the applicant made various complaints about the rejection of his criminal complaints by the national courts and about ES’ acquittals in the criminal proceedings for defamation against him (ES is a former member of Parliament known for his publications about crimes allegedly committed by high-ranking officials) – inadmissible.  For press release, see here. Read the rest of this entry »

Opinion: “Privacy: the Law in Action” – Heather Rogers QC

26 11 2010

Misuse of private information constitutes a serious limitation on free speech. Everyone, including celebrities and other public figures, has a right to protect their private information. Whether the media can publish private information about an identifiable individual, without their consent, will depend upon an ‘intense’ scrutiny of the facts. The court decides where the balance is to be struck between the competing rights, Articles 8 and 10, by considering each item of information (including any photograph) to determine whether its publication is ‘proportionate’. Read the rest of this entry »