Case Law, Strasbourg: Tamiz v UK: Article 8 complaint inadmissible, wide margin of appreciation on defamatory blog comment removal process – Natasha Holcroft-Emmess

17 10 2017

In Tamiz v UK, defamatory allegations published in blog comments remained online for over three months without national courts providing a remedy, but the European Court of Human Rights declared inadmissible a complaint that the UK had breached its positive obligation under Article 8 ECHR to provide protection for reputation. Read the rest of this entry »





Case Law, Strasbourg: Becker v Norway, Robust protection of journalistic sources remains a basic condition for press freedom – Dirk Voorhoof

14 10 2017

In the judgment in the case Becker v. Norway the ECtHR showed once more its concern about the importance of the protection of journalistic sources for press freedom and investigative journalism in particular. Read the rest of this entry »





Case Law, Strasbourg: Bărbulescu v Romania – Monitoring of an employee’s communications held to be violation of Article 8 ECHR – Sara Mansoori

12 09 2017

The decision of the Grand Chamber of the Court of Human Rights handed down last week in Bărbulescu v Romania ([2017] ECHR 754) is a surprising one that acts as a warning to employers. The Court held that the Article 8 rights of an employee breached when his employer monitored his personal communications on Yahoo Messenger. Read the rest of this entry »





Medžlis Islamske Zajednice Brčko v Bosnia and Herzegovina: A Simple Speech Case Made Unbelievably Complex? – Stijn Smet

29 08 2017

Imagine, if you will, two scenarios. The first involves four NGOs writing a private letter to the highest authorities of a Bosnian city. “According to our information”, the NGOs state in the letter, the newly appointed Serbian director of a public radio station has displayed a problematic attitude towards Muslims and Bosniacs. Read the rest of this entry »





Case Law, Strasbourg: Bogomolova v. Russia, Publication of picture of 3 year old “orphan” violated Article 8 – Ingrida Milkaite

25 07 2017

The case of Bogomolova v. Russia concerns the use of an unauthorised photograph of a minor’s face on the front page of a booklet promoting adoption and help for orphans. It proves that the publication of pictures of children without parental consent may have a significant social impact on the family and may violate Article 8 of the European Convention of Human Rights (ECHR), protecting the right to private and family life. Read the rest of this entry »





Case Law, Strasbourg: Medžlis Islamske Zajednice Brčko v. Bosnia and Herzegovina, “Political defamation” and public servants’ reputational rights – Alex Bailin QC and Jessica Jones

11 07 2017

In Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina ([2017] ECHR 608)  the Grand Chamber of the ECtHR found by an 11-6 majority that there was no violation of Article 10 in findings of defamation by the national courts in relation to a public servant’s right to reputation. Read the rest of this entry »





Case Law, Strasbourg: Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland, No journalism exception for massive exposure of personal taxation data – Dirk Voorhoof

6 07 2017

After long proceedings at national level, a preliminary ruling by the CJEU on 16 December 2008 (Case C-73/07), and after the Court of Human Rights Chamber judgment of 21 July 2015, the Grand Chamber on 27 June 2017 finally found no violation of the right to freedom of expression and information in Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland. Read the rest of this entry »