On 17 April 2014, the European Court of Human Rights issued a judgement in the case of Mladina v. Slovenia. In this case, the Court further develops its case law on “public statements susceptible to criticism”. When assessing defamation cases, the Court has in the past found that authors of such statements should show greater resilience when offensive statements are in turn addressed to them. Continue reading
The International Forum for Responsible Media Blog
Tag: Article 10 (Page 4 of 5)
In the case of Kennedy v Chairty Commission ([2014] UKSC 20), in judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000. Continue reading
In the case of Pentikäinen v. Finland the European Court of Human Rights found that a Finnish press photographer’s conviction for disobeying the police while covering a demonstration did not breach his freedom of expression.
The unsuccessful applicant in the case of Delfi SA v Estonia has lodged a request with the European Court of Human Rights that the case be referred to the Grand Chamber. Continue reading
In Perinçek v. Switzerland, the European Court of Human Rights ruled on 17 December 2013, by five votes to two, that Switzerland had violated Doğu Perinçek’s right to freedom of expression by convicting him for publicly denying the existence of a genocide against the Armenian people. On several occasions, Perinçek – at the time chairman of the Turkish Workers’ Party – had described the Armenian genocide as “an international lie”. Continue reading
In a judgment handed down by the First Section on 28 November 2013 in the case of Österreichische Vereinigung zur Erhaltung, Stärkung und Schaffung eines wirtschaftlich gesunden land- und forstwirtschaftlichen Grundbesitzes v. Austria (application no. 39534/07), the Court of Human Rights has found a breach of an NGO’s Article 10 right to obtain information from a public authority. Continue reading
Nine years ago, in its landmark Cumpănă and Mazăre v. Romania judgment, a unanimous Grand Chamber laid down a rare absolute rule that prison sentences for defamation are never justified under Article 10 where the defamatory statements concern a matter of public interest. This rule against prison sentences included pardoned, suspended, or conditional sentences, effectively removing from European legislatures and courts the ability to impose such sentences. Continue reading
The UK is wet and chilly again, summer is over. Even London’s barristers’ chambers are showing signs of being populated in readiness for the start of Michaelmas term. Before confronting the long slog until Christmas, some reflections upon summer holidays. Continue reading
In the case of Ageyvey v Russia ([2013] ECHR 346) the First Section of the Court of Human Rights found a number of breaches of Article 8 in a case involving an allegation of child abuse by the parents of an adopted child. In particular, the Court found that there had been a failure adequately to investigate the unauthorised disclosure of confidential information and failure to protect the right to reputation of a parent suspected of child abuse. Continue reading
A lot has been written in recent days about the proposed new clauses to go into the Crime and Courts Bill, which is due to be debated in the Lords on Monday, on exemplary damages and costs. The content and import of these clauses are very worrying and pose some serious threats to free speech. Continue reading
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