The decision in Firma EDV für Sie, EfS Elektronische Datenverarbeitung Dienstleistungs GmbH v Germany (App No, 32783/08, 2 September 2014) involved a consideration of the interesting question as to whether a company has a right to reputation under Article 8. The Fifth Section of the Court proceeded on the basis that a company did have such rights. The application was, however, found to be inadmissible on the basis that a fair balance had been struck between Articles 8 and 10 by the domestic court. Continue reading
The International Forum for Responsible Media Blog
Tag: Article 8 (Page 3 of 4)
In the case of Salumäki v. Finland ([2014] ECHR 459) the Fourth Section of the Court of Human Rights held that a defamation decision did not violate Article 1o, despite the fact that all the facts in the article in question were true. The article bore an defamatory “innuendo” meaning and applying the Axel Springer criteria, the Court found that the domestic courts had struck a fair balance between the competing interests at stake. Continue reading
In the case of Re G (Adult) (Associated Newspapers Limited intervening) ([2014] EWCOP 1361) Sir James Munby, President of the Court of Protection ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Capacity Act. Continue reading
In a judgment handed down on 16 April 2014, Mr Justice Dingemans (pic) awarded Paul Weller’s three children a total of £10,000 damages for misuse of private information ([2014] EWHC 1163 (QB)).
The case arose out of seven paparazzi photos which were published by Mail Online in October 2012 under the headline “A family day out: Paul Weller takes wife Hannah and his twin sons out for a spot of shopping in the hot LA sun“. Continue reading
Under the European Convention on Human Rights, States have obligations ensure the protection both the freedom of expression and of the reputation in their domestic law. The dismissal by a domestic court of a defamation claim may be a breach of the positive obligation to protect the claimant’s reputation. The recent case of Lavric v. Romania ([2014] ECHR 44) provides a particularly striking example of such a breach.
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Over the years, the European Court of Human Rights has gradually built its jurisprudence according to which Article 8 grants a right to access to information for individuals exposed to health risks caused by polluting industrial activities. Continue reading
In the case of Putitstin v Ukraine (Judgment of 21 November 2013) the applicant complained of an article which, he said, defamed his dead father. The Fifth Section accepted that the Article 8 of the Convention was engaged although the case failed on the facts because the applicant was only indirectly affected and the impact was remote. Continue reading
The European Court of Human Rights has decided that it is a violation of the right to privacy if a country does not have a law prohibiting surreptitious photography of people. The ruling has serious implications for paparazzi, and would have been useful to Princess Diana. A ready-made bill exists in the form of a draft published by the Law Commission for England and Wales in 1981. 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
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