Case Law, Strasbourg: Sekmadienis Ltd v Lithuania, Fine over “Jesus” and “Mary” advertising campaign, Article 10 violation – Hugh Tomlinson QC

3 02 2018

In the case of Sekmadienis v Lithuania ([2018] ECHR 112) the Fourth Section of the Court of Human Rights held that a decision to fine a clothing company for the display of adverts referring to “Jesus” and “Mary” was a violation of Article 10. Read the rest of this entry »





Canada: Why governments must not block social media criticism – Justin Safayeni and Andrea Gonsalves

15 12 2017

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In the digital era, politicians and government agencies frequently find themselves the target of criticism on social media. There have been some startling news stories this year of public authorities blocking users or deleting unwelcome posts on social media sites, effectively silencing dissenting views in popular online forums. Read the rest of this entry »





Case Law, Strasbourg: MAC TV v Slovakia, Defamation of the dead, searching for clarity – Jonathan McCully

10 12 2017

On 28 November 2017, in MAC TV v. Slovakia, the European Court of Human Rights (European Court) found a violation of the right to freedom of expression under Article 10 of the Convention where the Broadcasting Council of Slovakia had fined a television programme for showing a lack of respect to the dignity of the President of Poland following his death in a tragic plane accident. Read the rest of this entry »





Case Law, Strasbourg: Standard Verlagsgesellschaft mbH v Austria, Narrow approach to “value judgments” leads to rejection of Article 10 application – Emma Foubister

8 12 2017

In Standard Verlagsgesellschaft mbH (No.2) v Austria [2017] ECHR 1040,  the Fifth Section of the European Court of Human Rights (“the Court”) held that ordering a newspaper to pay compensation to a politician falsely accused of being the spiritus rector (guiding spirit) of a spying operation did not violate Article 10 of the European Convention on Human Rights (“the Convention”). Read the rest of this entry »





Is your library criminal? – Joel Bennathan QC

2 12 2017

In 1999 the Home Secretary, Jack Straw, was presenting what was to become the Terrorism Act 2000 to the House of Commons. Answering a challenge about the breadth of its terms he said: Read the rest of this entry »





Case Law, Strasbourg: Einarsson v Iceland, Defamation on social media and Article 8 – María Rún Bjarnadóttir

14 11 2017

In recent years, Icelandic courts have struggled to apply standards and methodology developed by the European Court of Human Rights (ECtHR) in cases regarding the balancing of freedom of expression and rights to private life. Read the rest of this entry »





Case Law, Strasbourg: Fuchsmann v Germany, Refusal to grant website defamation injunction did not breach Article 8 – Emma Foubister

25 10 2017

In Fuchsmann v Germany, the Fifth Section of the European Court of Human Rights held that an entrepreneur’s Article 8 rights were not violated by the publication of an article linking him to Russian organised crime. Read the rest of this entry »