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Tag: Article 10 (Page 1 of 4)

Case Law, Strasbourg: Pryanishnikov v. Russia: Refusal to grant a licence for the reproduction of erotic material violated Article 10 – Argyro Chatzinikolaou

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

Case Law, Strasbourg: Sinkova v Ukraine, Conviction for performance art war memorial protest did not violate Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

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

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: Giesbert v France, Sanctions for publishing prosecution statements, no violation of Article 10 – Hugh Tomlinson QC

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

Case Law, Strasbourg: Olafsson v Iceland, Website editor not liable for publishing sexual allegations against candidate – Ed Klaris and Alexia Bedat

In the case of Olafsson v Iceland ([2017] ECHR 259) the Court of Human Rights held that the Icelandic courts were wrong to hold a website editor liable for publishing allegations made by two sisters that their relative, A, who was standing for election for the Constitutional Assembly had sexually abused them when they were children. Continue reading

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