Last year, the High Court decision in Fearn v Board of Trustees of the Tate Gallery ([2019] EWHC 246 (Ch)) bolstered common law privacy protections as Mann J acknowledged that invasions of domestic privacy could support an action in private nuisance. The Court of Appeal has now reversed this development and reasserted that overlooking cannot constitute an actionable nuisance ([2020] EWCA Civ 104). This case brief summarises the two judgments, discusses errors in the appellate decision and suggests that Mann J’s extension should have been retained. Continue reading
The International Forum for Responsible Media Blog
Category: Human Rights (Page 9 of 44)
Due to its inherent link with elusiveness and ambiguity, humour makes it particularly difficult to draw a line between lawful and unlawful expression. The task of assessing the harm in a joke is notoriously complicated by strategies such as exaggeration, distortion or irony, which are typical of humorous expression in its various forms (from satire to parody). Continue reading
In four Russian cases, Vladimir Kharitonov v. Russia (application no. 10795/14), OOO Flavus and Others v. Russia (application nos 12468/15, 23489/15, and 19074/16), Bulgakov v. Russia (no. 20159/15), and Engels v. Russia (no. 61919/16) the Third Section of the Court of Human Rights held that the blocking of websites in Russia was a breach of Articles 10 and 13. 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 28 July 2020, the European Court of Human Rights held in Monica Macovei v. Romania that defamation proceedings against a sitting Member of the European Parliament violated the politician’s right to freedom of expression, under Article 10 of the European Convention on Human Rights. Continue reading
Criticism of the policies of a government, and calls for peaceful action intended to put pressure on it to change its policies, would normally be considered political expression protected by 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
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
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