“Purposeful avoidance of the truth”: the other side of actual malice – Charles Glasser

15 11 2016

uva-frat-rolling-stoneAmerican free speech jurisprudence, particularly in matters of public concern, has long been the envy of journalists around the world, and for good reason. Over the past year, the actual malice standard of liability has been expanded to offer journalists an extraordinarily high degree of protection for erroneous statements that may damage somebody’s reputation. Read the rest of this entry »





UN and OSCE Watchdogs urged to address media freedom in the UK

21 06 2016

ParliamentARTICLE 19 and concerned experts and academics have urged Dunja Mijatović, the OSCE Representative on Freedom of the Media (“the Representative”), and David Kaye, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (“the UN Special Rapporteur”), to address the state of media freedom in the UK, in particular to address attempts to undermine the independence of the BBC, the public service broadcaster, and to ensure the independence of the press in relation to self-regulation.  Read the rest of this entry »





Case Law, Strasbourg: Delfi AS v Estonia: Strasbourg Undermines Freedom of Expression – Gabrielle Guillemin

6 10 2015

European-Court-of-Human-RightsOn 16 June 2015, the Grand Chamber of the European Court of Human Rights handed down its much-anticipated judgment in the Delfi AS v Estonia case. (no. 64569/09). The case concerned the liability of a news portal, Delfi AS, for the comments posted by its readers below the news articles on its website. Read the rest of this entry »





A right to be forgotten? EU Court sets worrying precedent for free speech – Gabrielle Guillemin

17 05 2014

Google and SpeakingOn 13 May 2014, the Court of Justice of the European Union (CJEU) handed down its much-awaited decision in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González. The Court held that a search engine operator is responsible for the processing of personal data which appear on web pages published by third parties. Read the rest of this entry »





Case Law, Strasbourg: Delfi AS v Estonia: Court Strikes Serious Blow to Free Speech Online – Gabrielle Guillemin

15 10 2013

DelfiOn 10 October 2103, the European Court of Human Rights handed down judgment in Delfi AS v. Estonia (no.64569/09), a case concerning the liability of a news portal, Delfi AS for third-party comments made on its website.  The Estonian courts found that Delfi AS had editorial control over the comments’ section on its news site and should have prevented clearly unlawful comments from being published, notwithstanding the fact that Delfi had taken down the offensive comments immediately upon being notified of them. Read the rest of this entry »





Article 19 and the “Right to Blog”

22 05 2013

Right to BlogThe freedom of expression NGO, Article 19, has published a policy paper on the “Right to Blog” [pdf].  Article 19 proposes a set of recommendations to state actors and policy makers about what they should do to promote and protect the rights of bloggers domestically and internationally. Read the rest of this entry »





Case Law, Strasbourg: Mouvement Raelien Suisse v Switzerland, Of Aliens and Flying Saucers – Gabrielle Guillemin

26 07 2012

Earlier this month, the Grand Chamber of the European Court of Human Rights handed down judgment in Mouvement Raelien Suisse v Switzerland (Application no.16354/06). The case concerned the Swiss authorities’ refusal to allow a billboard campaign by the applicant movement on grounds that its activities (including the promotion of human cloning and sensual meditation) were immoral and contrary to public order. By a majority of 9 to 8, the Grand Chamber upheld the earlier Chamber judgment that the Swiss decision was within the margin of appreciation, among other things because the poster campaign was closer in its nature to commercial speech rather than political speech. Read the rest of this entry »