Case Law, Strasbourg: Sousa Goucha v. Portugal, Failure to prosecute homophobic “joke” not a breach of Article 8 – Hugh Tomlinson QC

3 04 2016

manuel-luis-gouchaIn the case of Sousa Goucha v Portugal ([2016] ECHR 284) the Fourth Section of the European Court of Human Rights held that the dismissal of a domestic defamation action by a gay television presenter was not a breach of his Article 8 right to reputation or of the prohibition of discrimination in Article 14.  The Court deferred to the reasoning of the domestic court that a “joke” suggesting that the applicant was female was not defamatory. Read the rest of this entry »