In a case highly dependent on its very unusual facts, the Court of Appeal in Griffiths v Tickle ([2021] EWCA Civ 1882) confirmed (in dismissing an appeal) that a mother and father involved in Children Act 1989 proceedings can be identified. It agreed that a previous fact-finding judgment[pdf] by Her Honour Judge Williscroft at Derby County Court in November 2020, in relation to allegations of serious sexual abuse, coercive and controlling behaviour, and violence, perpetrated by the husband on his ex-wife over a 10 year period, could be published (with relatively modest redactions relating to family members and the identity of the child). Continue reading
The International Forum for Responsible Media Blog
Tag: Article 10 (Page 1 of 5)
The Fourth Section of the Court of Human Rights today handed down judgment in the case of Pal v UK [2021] ECHR 990, a case arising out of the arrest and prosecution of journalist Dr Rita Pal for harassing another journalist (referred to in the judgment as AB). It was held that this was a violation of Dr Pal’s Article 10 rights. Continue reading
The European Audiovisual Observatory has published the 6th Edition of its free eBook, Freedom of Expression, the Media and Journalists. The book can be downloaded from this link. Continue reading
In the case of Balaskas v Greece [2020] ECHR 783 the European Court of Human Rights held that the conviction of a journalist of insulting a headmaster by describing him as a neo-Nazi in an article breached his right to freedom of expression. Continue reading
In Pryanishnikov v Russia ([2019] ECHR 614), a case concerning the authorities’ refusal to grant the applicant a film reproduction license, the European Court of Human Rights found a violation of the right to freedom of expression, as the only reason advanced by the domestic courts for the refusal of the relevant license had been based on mere suspicions rather than findings of fact. Continue reading
In Szurovecz v. Hungary, the European Court of Human Rights has held that a refusal to grant a journalist access to an asylum-seeker ‘reception centre’ in Hungary violated his right to freedom of expression under Article 10 ECHR. Continue reading
The European Court’s Fourth Section has held, by four votes to three, that a protestor’s conviction, including a suspended three-year prison sentence, for frying eggs over the flame of a war memorial, did not violate the protestor’s freedom of expression. The judgment in Sinkova v. Ukraine prompted a notable dissent, which highlighted “inconsistency” with the Court’s prior case law, and a disregard for the principle that criminal penalties are likely to have a “chilling effect on satirical forms of expression relating to topical issues.” Continue reading
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
In the case of Giesbert v France ([2017] ECHR 504, 1 June 2017)(French only) the Fifth Section of the Court of Human Rights held that Court orders made against the magazine, Le Point, sanctioning the publication of criminal court documents in the high profile “Bettancourt” case did not violate Article 10 of the Convention. Continue reading
In a unanimous judgment ([2017] UKSC 33) handed down today the UK Supreme Court dismissed the appeals by Times Newspapers, Associated Newspapers and MGN against orders that they pay success fees and after the event insurance premiums (“additional liabilities”) under conditional fee agreements (“CFAs”) in libel and privacy claims. Continue reading
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