Public order cases involving protests have always sparked controversy, with the collision between the state’s responsibility to ensure the smooth running of civil society and the individual citizen’s right to draw attention to what they regard as a pressing moral concern. Read the rest of this entry »
Case Law: Dulgheriu v The London Borough of Ealing, The line between legitimate protest and anti-social behaviour – Rosalind English
2 09 2019Comments : 1 Comment »
Tags: Abortion Rights, freedom of assembly, Rosalind English, UK Human Rights Blog
Categories : Freedom of expression, Harassment, Human Rights, Injunction
Case Law, Strasbourg: Brzeziński v. Poland: Fine over ‘false’ information during election campaign violated Article 10 – Ronan Ó Fathaigh
16 08 2019
On 25 July 2019, the European Court of Human Rights delivered an important judgment in Brzeziński v. Poland, (available only in French) concerning a provision in Poland’s election law which allows a court, within 24 hours, to consider whether ‘untrue information’ has been published, and to issue an order prohibiting its further distribution. Read the rest of this entry »
Comments : Leave a Comment »
Tags: Fake News, Ronan O Fathaigh, Strasbourg Observers
Categories : Caselaw, Freedom of expression, Human Rights
News: Council of Europe publishes “Guidelines on Safeguarding Privacy in the Media” as a tool for journalists
20 06 2019
The Council of Europe has published “Guidelines on Safeguarding Privacy in the Media” [pdf]. These are a collection of standards of the Council of Europe and the European Court of Human Rights concerning the protection of privacy of public figures and private individuals in the media. They also include data protection principles based on various regulatory instruments and best practices. Read the rest of this entry »
Comments : Leave a Comment »
Categories : Human Rights, Privacy
Case Law, Strasbourg: Prior restraint of campaigning for a peaceful but unauthorised demonstration violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof
18 05 2019
On 30 April 2019, in Kablis v. Russia, the Third Section of the European Court of Human Rights (“ECtHR”) unanimously found that the blocking by Russian authorities of an activist’s social networking account and entries on his blog had breached his right to freedom of expression under Article 10 of the European Convention on Human Rights. Read the rest of this entry »
Comments : Leave a Comment »
Tags: freedom of assembly, Prior Restraint, Ronan Ó Fathaigh and Dirk Voorhoof, Strasbourg Observers
Categories : Caselaw, Freedom of expression, Human Rights
Case Law: Høiness v Norway, Refusal to impose liability for anonymous comments online did not breach Article 8 – Samuel Rowe
14 05 2019
In a judgment handed down on 19 March 2019 (Høiness v Norway, no 43624/14), the European Court of Human Rights (“ECtHR”) refused to impose liability on an Internet forum for anonymous comments that had been published on its site. Read the rest of this entry »
Comments : Leave a Comment »
Tags: Samuel Rowe
Categories : Caselaw, Freedom of expression, Human Rights, Privacy
Case Law: Fearn and the Board of Trustees of the Tate Gallery, Emanations of the Tate, a “self induced incentive to gaze” is not nuisance – Athalie Matthews
28 02 2019
In the recent case of Fearn v The Board of Trustees of the Tate Gallery ([2019] EWHC 246 (Ch)) the High Court analysed privacy rights from a novel perspective in both literal and legal terms. Read the rest of this entry »
Comments : Leave a Comment »
Tags: Athalie Matthews, Nuisance, Tate Gallery
Categories : Caselaw, Human Rights, Privacy
Twins separated at birth: The re-convergence of data protection and freedom of information – Perry Keller
23 02 2019
The governance of decision-making algorithms is now a pressing issue across many fields of law and policy. Yet, given the technical opacity of advanced data analytics, finding ways to ensure meaningful transparency and sustainable accountability is currently, at best, a work in progress. Read the rest of this entry »
Comments : Leave a Comment »
Tags: Perry Keller
Categories : Data Protection, EU, Freedom of Information, Human Rights
Case Law, Strasbourg: Mătăsaru v Moldova, Activist’s conviction for hooliganism over ‘obscene’ protest violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof
26 01 2019
On 15 January 2019, in Mătăsaru v. the Republic of Moldova ([2019] ECHR 35) the Court of Human Rights, Second Section unanimously found that an anti-corruption activist’s conviction for staging an “obscene” demonstration outside a prosecutor’s office, targeting a number of public officials, violated the activist’s freedom of expression. Read the rest of this entry »
Comments : Leave a Comment »
Tags: Dirk Voorhoof, Expressive Conduct, Obscenity, Protest, Ronan O Fathaigh, Strasbourg Observers
Categories : Caselaw, Freedom of expression, Human Rights
Article 8 and the “outside world”: privacy, reputation and employment – Hugh Tomlinson QC
10 01 2019
The Article 8 right to respect for private life has many facets and has often seemed in danger of uncontrolled expansion. The Court of Human Rights has often noted that private life is “not susceptible to exhaustive definition”, embracing “multiple aspects of the person’s physical and social identity”. Read the rest of this entry »
Comments : 3 Comments »
Tags: Article 8, Hugh Tomlinson QC, Right to Reputation
Categories : Human Rights, Privacy
Case Law, Strasbourg: Magyar Jeti Zrt v. Hungary: ECtHR rules on hyperlinking to defamatory content – Oliver Fairhurst
14 12 2018
On 4 December 2018, the European Court of Human Rights provided some helpful clarification on the potential liability for posting hyperlinks to defamatory content in the case of Magyar Jeti Zrt v. Hungary. In doing so, the Court referred to the ever-growing corpus of European Union law concerning the concept of “communication to the public” contained in Article 3(1) of the InfoSoc Directive 2001/29/EC. Read the rest of this entry »
Comments : 6 Comments »
Tags: Hyperlinking, Oliver Fairhurst, Strasbourg
Categories : Caselaw, Freedom of expression, Human Rights, Internet
