After proceedings at the national level lasting eight years, and after a preliminary ruling by the EU Court of Justice in Luxembourg on 16 December 2008 (Case C-73/07), the European Court of Human Rights (Fourth section) in Strasbourg has delivered a controversial judgment in the domain of protection of personal data and data journalism. Continue reading
The International Forum for Responsible Media Blog
Tag: Dirk Voorhoof (Page 4 of 5)
On 16 June 2015 the Grand Chamber of the European Court of Human Rights has delivered the long awaited final judgment in the case of Delfi AS v. Estonia, deciding on the liability of an online news portal for the offensive comments posted by its readers below one of its online news articles. Continue reading
On 15 April 2015, the Grand Chamber of the ECtHR held a hearing in the case of Couderc and Hachette Filipacchi Associés v. France (App. no. 40454/07). The hearing is webcasted and can be viewed on the Court’s website, here. The case concerns the right of privacy and reputation of Monaco’s reigning monarch conflicting with the right to freedom of expression of the French magazine Paris-Match. Continue reading
The recent judgment of the European Court of Human Rights in the case of Matúz v. Hungary again illustrates the need for strict scrutiny to keep up the standards of media freedom and the right of freedom of expression and information in European pluralistic democracies. Continue reading
In Erla Hlynsdottir v. Iceland (No. 2), an Icelandic journalist had been convicted for defamation after reporting that the director of a Christian rehabilitation centre and his wife had been involved in sex games with patients of the centre. Continue reading
The case of Deckmyn v Vandersteen (Case C-201/13) on parody considers a set of questions related to the right to freedom of expression conflicting with copyright, and the impact of the Information Society (Infosoc) Directive 2001/29. In particular, it raises the question whether the parody exception must be given an autonomous and uniform interpretation throughout the European Union, despite the optional nature of the parody exception mentioned in Article 5(3)(k) of the Directive 2001/29.
On 27 May 2014, the Second Section of the Court of Human Rights handed down a judgment in the case of Mustafa Erdoğan v Turkey vindicating academic freedom and, in particular, the freedom to criticise the judiciary. There is also an important concurring opinion which contains some interesting general reflections on the nature of academic freedom and the reasons why it should be protected under Article 10. Continue reading
In a victory for free expression, the European Court of Human Rights has ruled that a court-imposed injunction banning a political activist from distributing leaflets targeting a political candidate violated Article 10 of the European Convention. In Brosa Germany ([2014] ECHR 432) criticised the German courts for refusing to hold that the leaflet was a fair comment on a matter of public interest, as the threshold for proving fair comment was “disproportionately high.” 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.
Some commentary on recent case law of the Strasbourg Court relating to freedom of expression, media and journalism might give the impression that the Court of Human Rights has lost direction. This impression would be misleading. Continue reading
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