The International Forum for Responsible Media Blog

Category: Human Rights (Page 17 of 44)

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

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”). Continue reading

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

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