The International Forum for Responsible Media Blog

Month: May 2014 (Page 2 of 7)

Case Law, Strasbourg: Salumäki v. Finland, No violation of Article 10 in “defamatory headline” case – Hugh Tomlinson QC

20140401iltasanomatetusivu20140431In the case of Salumäki v. Finland ([2014] ECHR 459) the Fourth Section of the Court of Human Rights held that a defamation decision did not violate Article 1o, despite the fact that all the facts in the article in question were true.  The article bore an defamatory “innuendo” meaning and applying the Axel Springer criteria, the Court found that the domestic courts had struck a fair balance between the competing interests at stake. Continue reading

Case Law: AVB v TDD, No damages for solicitor whose private information was misused by short changed prostitute – Dania Rifaat

AnonymousIn the unusual privacy case of AVB v TDD ([2014] EWHC 1442 (QB)), the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim and declined to award any damages but did grant him an injunction. Continue reading

Mind the gap: is data protection catching up with Google Search? – David Erdos

data-protectionThe European Union Data Protection Directive of 1995 has always had lofty, and in many ways implausible, ambitions. As regards the private sector, it seeks to outlaw the input, storage or other processing on computer of any information relating to a living individual “data subject” (irrespective of whether the information is innocuous and/or widely available in the public domain) unless in each and every case that processing complies with a set of provisions put in place to ensure the protection of “the fundamental rights and freedoms of natural persons, and in particular their right to privacy” (Art. 1 (1)). Continue reading

Case Law, Strasbourg: Brosa v Germany, Injunction banning political leaflet violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

3219641In a victory for free expression, the European Court of Human Rights has ruled that a court-imposed injunction banning a political activist from distributing leaflets targeting a political candidate violated Article 10 of the European Convention. In Brosa Germany ([2014] ECHR 432) criticised the German courts for refusing to hold that the leaflet was a fair comment on a matter of public interest, as the threshold for proving fair comment was “disproportionately high.” Continue reading

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