Case Law, Strasbourg: Medžlis Islamske Zajednice Brčko v. Bosnia and Herzegovina, “Political defamation” and public servants’ reputational rights – Alex Bailin QC and Jessica Jones

11 07 2017

In Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina ([2017] ECHR 608)  the Grand Chamber of the ECtHR found by an 11-6 majority that there was no violation of Article 10 in findings of defamation by the national courts in relation to a public servant’s right to reputation. Read the rest of this entry »





News: Court of Human Rights Grand Chamber recognises an Article 10 right to access to information

8 11 2016

Perincek Grand ChamberThe Grand Chamber of the European Court of Human Rights today handed down judgment in the case of Magyar Helsinki Bizottság v. Hungary (application no. 18030/11).  It held (15:2) that there is an Article 1o right to public access to information where access to the information is instrumental for the individual’s exercise of his or her right to freedom of expression. Read the rest of this entry »





Case Law, Strasbourg: Bédat v Switzerland, Conviction and fine for a public interest article based on confidential criminal documents did not breach Article 10 – Calypso Blaj

7 05 2016

IllustreIn the case of Bédat v Switzerland  ([2016] ECHR 313) the Grand Chamber overturned the Chamber’s decision and reached the surprising conclusion that the conviction and fine imposed on the applicant journalist for publishing a public interest story containing information covered by the secrecy of criminal investigations did not constitute a violation of his Article 10 rights. Read the rest of this entry »





Case Law, Strasbourg: Perinçek v Switzerland, Grand Chamber confirms conviction for denying the Armenian genocide as Article 10 violation – Dirk Voorhoof

21 10 2015

fsdgOn 17 December 2013 the European Court of Human Rights had ruled by five votes to two that Switzerland had violated the right to freedom of expression by convicting Doğu Perinçek, chairman of the Turkish Workers’ Party, for publicly denying the existence of the genocide against the Armenian people (see our blogs on Strasbourg Observers and ECHR-Blog, 7 and 8 January 2014). The Grand Chamber has now, on 15 October 2015, in a 128 page judgment, confirmed, by ten votes to seven, the finding of a violation of Article 10 ECHR. Read the rest of this entry »





The Prince, his mistress and his lovechild: a feminist perspective on Couderc and Hachette Filipacchi Associés v. France – Nani Jansen

25 02 2015

albert10_thumbMale celebrity has affair with woman. Woman shares story with public. Woman’s version of events gets shut down by the courts. The end. It is an all too familiar story that seems to repeat itself over and over again. When it comes to information disclosing the infidelity of powerful men, national courts have often been more than helpful in expeditiously securing the silence of the women involved in such affairs, accrediting more weight to the man’s claims of privacy, than the woman’s right to tell the tale of what was ultimately her affair as well. Read the rest of this entry »





News: Strasbourg, MLDI intervenes in Grand Chamber Prince of Monaco Privacy Case

12 02 2015

Prince AlbertOn 12 June 2014, the Fifth Section of the Court of Human Rights held that judgment of a French Court arising out of a story that Monaco’s reigning monarch, Prince Albert II, had an illegitimate child was a violation of Article 10. Read the rest of this entry »





News: Strasbourg, Grand Chamber agrees to hear Article 10 cases of Pentikäinen and Perinçek

5 06 2014

Court of Human RightsThe European Court of Human Rights has announced that [pdf] the Grand Chamber Panel has agreed to refer the important Article 10 cases of Perinçek v. Switzerland and Pentikäinen v. Finland for hearing by the Grand Chamber. Read the rest of this entry »





News: Court of Human Rights Dismisses Animal Defenders “Political Advertising” Article 10 application

22 04 2013

Court of Human RightsThe Grand Chamber of the European Court of Human Rights has dismissed the application in the case of Animal Defenders International v United Kingdom.  In a decision made by a majority of 9 votes to 8, the Grand Chamber held that the UK’s ban on political advertising in the broadcast media was not a violation of Article 10 of the Convention. 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 »





Case Law, Court of Human Rights: Centro Europa 7 Srl v. Italy, Grand Chamber on Media Plurality

10 07 2012

On 7 June 2012, in the case Centro Europa 7 S.r.l. and Di Stefano v. Italy (application no. 38433/09)([2012] ECHR 974), the Grand Chamber of the European Court of Human Rights re-affirmed the importance of media plurality under Article 10 of the Convention.   It held, by a majority, that the fact that an Italian TV company could not broadcast, having a license but no allocated broadcasting frequencies, was a breach of Article 10 (and of Article 1 of the First Protocol). Read the rest of this entry »