On 28 July 2020, the European Court of Human Rights held in Monica Macovei v. Romania that defamation proceedings against a sitting Member of the European Parliament violated the politician’s right to freedom of expression, under Article 10 of the European Convention on Human Rights. Continue reading
The International Forum for Responsible Media Blog
Category: Caselaw (Page 5 of 28)
Criticism of the policies of a government, and calls for peaceful action intended to put pressure on it to change its policies, would normally be considered political expression protected by Article 10 of the European Convention on Human Rights. Continue reading
On 3 June 2020 the Supreme Court handed down judgment in Serafin v Malkiewicz & Ors [2020] UKSC 23. The decision upheld the Court of Appeal’s finding of unfair trial, but considered that by ordering a remittal limited to the assessment of damages, the appellate judges had failed to address the consequences that should flow from this finding. Continue reading
The case of Sube v News Group Newspapers is a rare claim for harassment brought against a media publisher – only the second such claim to have proceeded to trial in England and Wales. In a judgment handed down on 7 May 2020 ([2020] EWHC 1125 (QB)), Warby J dismissed the claims brought against News Group and Express Group. Continue reading
We wrote about this case last week. We said “watch this space” Now, we bring you part two… The judge has changed his mind after the intervention of two journalists : the Transparency Project’s Louise Tickle and Press Association journalist Brian Farmer. Continue reading
In an important privacy judgment handed down on Friday 15 May 2020 in the case of ZXC v Bloomberg LP ([2020] EWCA 611) the Court of Appeal upheld Nicklin J’s finding that the publication of an article containing confidential information obtained from a UK law enforcement agency which was investigating a businessman was a misuse of private information. Continue reading
On 26 March 2020, the European Court of Human Rights unanimously found that a refusal by the Ukrainian authorities to give a non-governmental organisation (NGO) access to information about the education and work history of top politicians as contained in their official CVs, filed as candidates for Parliament, violated the NGO’s right of access to public documents under Article 10 ECHR. Continue reading
On 21 April 2020, Nicol J granted summary judgment in a matter involving the online publication of covert recordings of intimate footage featuring both parties to the proceedings (BVG v LAR [2020] EWHC 931 (QB)). Continue reading
In its judgment in the case of WM Morrison Supermarkets plc v Various Claimants ([2020] UKSC 12) handed down on 1 April 2020, the Supreme Court reversed the decision of the Court of Appeal and found that Morrisons was not vicariously liable for a rogue employee who posted payroll data of 100,000 other employees on a file-sharing website. Continue reading
In the case of Studio Monitori and Others v. Georgia the European Court of Human Rights (ECtHR) in its judgment of 30 January 2020 confirmed that the right to freedom of expression and information as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) can only be invoked in order to obtain access to public documents when a set of conditions are fulfilled. Continue reading
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