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 »





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 »





News: Google in Colombia, Constitutional Court orders deletion of defamatory Blogger material

27 10 2017

The latest episode in the Google litigation story has been written by the Colombian Constitutional Court. In the case of Fierro Calcedo v Google Inc (Judgment T-063A/17, in Spanish) that court ordered Google Inc, as the owner of “Blogger.com” to delete a blog which anonymously alleged that the claimant was guilty of fraud.  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 »





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 »