The International Forum for Responsible Media Blog

Tag: Defamation of the Dead

Case Law, Strasbourg: MAC TV v Slovakia, Defamation of the dead, searching for clarity – Jonathan McCully

On 28 November 2017, in MAC TV v. Slovakia, the European Court of Human Rights (European Court) found a violation of the right to freedom of expression under Article 10 of the Convention where the Broadcasting Council of Slovakia had fined a television programme for showing a lack of respect to the dignity of the President of Poland following his death in a tragic plane accident. Continue reading

Insulting a politician right after her death: does the ECHR protect the reputation of the deceased? – Valeska David

Michael_Genner_-_Obmann_von_Asyl_in_NotAt the end of 2014, when deciding on the admissibility of a case brought by Stalin’s grandson, who sued a newspaper and the author of an article for defamation of his grandfather, the ECtHR stated that the heir of a deceased person could not claim a violation of the latter’s article 8’s rights since they are non-transferable.[1] Less than two years later, however, the recent judgment in Genner v. Austria (Application no. 55495/08) seems to cast a shadow of doubt on that principle. Continue reading

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