Earlier in July 2023, a blog post by Jacob van de Kerkhof discussed the shortcomings of the recent Grand Chamber judgment in Sanchez v. France, in which the Court expanded its intermediary liability rules for hate speech posted by third parties to individual users of social media platforms. Continue reading
The International Forum for Responsible Media Blog
Category: Freedom of expression (Page 17 of 90)
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is its newsletter dealing with recent developments in the field. Continue reading
Self-confident people are usually not too concerned about what other people post on their social media pages. But they should be. On 15 May 2023, the Grand Chamber of the European Court of Human Rights (‘ECtHR’ or ‘the Court’) released its judgment in the case of Sanchez v France, following an earlier Chamber decision which found no violation of Article 10 of the European Convention on Human Rights (ECHR). In a lengthy decision, the Grand Chamber explored the limits of freedom of expression in the context of hate speech in an election-related setting and intermediary liability for actors on the internet. Continue reading
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is its newsletter dealing with recent developments in the field. Continue reading
The opinion of Gorsuch J for the US Supreme Court in 303 Creative LLC v Elenis 600 US (2023) (Opinion (pdf) | Justia) has been widely welcomed on the US political right as a victory religious rights and just as broadly deplored on the US political left as a defeat for LGBTQ+ rights. Many on both sides agree, however, that – either way – it is an important defence of free speech. I am sorry to say that it is nothing of the sort. It is a stalking horse for an approach that will have pernicious consequences for the First Amendment. Continue reading
On 4 July 2023, in the case of Hurbain v Belgium (App No 57292) the Grand Chamber of the European Court of Human Rights upheld (by 12 votes to 5) the decision of the Third Section that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach the applicant publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights. Continue reading
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is its newsletter dealing with recent developments in the field. Continue reading
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is its newsletter dealing with recent developments in the field. Continue reading
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is its newsletter dealing with recent developments in the field. Continue reading
On 15 May 2023 in the case of Sanchez v France, the Grand Chamber of the European Court of Human Rights (ECtHR) confirmed its earlier Chamber judgment of 2 September 2021 (see Inforrm post here). The ECtHR found that the criminal conviction of a politician for failing to promptly delete hate speech, that was posted by others, from his public Facebook account, did not violate Article 10 of the European Convention on Human Rights (ECHR). Continue reading
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