Article 8 and the “outside world”: privacy, reputation and employment – Hugh Tomlinson QC

10 01 2019

The Article 8 right to respect for private life has many facets and has often seemed in danger of uncontrolled expansion.  The Court of Human Rights has often noted that private life is “not susceptible to exhaustive definition”, embracing “multiple aspects of the person’s physical and social identity”.  Read the rest of this entry »





Do Companies have a right to reputation under the European Convention on Human Rights, Part 2 – David Acheson

21 06 2018

The first part of this post considered the question of whether Art 8 of the Convention protects corporate reputation and concluded that the Court’s case law does not provide any good justification for this. Read the rest of this entry »





Case Law, Strasbourg: Sousa Goucha v. Portugal, Failure to prosecute homophobic “joke” not a breach of Article 8 – Hugh Tomlinson QC

3 04 2016

manuel-luis-gouchaIn the case of Sousa Goucha v Portugal ([2016] ECHR 284) the Fourth Section of the European Court of Human Rights held that the dismissal of a domestic defamation action by a gay television presenter was not a breach of his Article 8 right to reputation or of the prohibition of discrimination in Article 14.  The Court deferred to the reasoning of the domestic court that a “joke” suggesting that the applicant was female was not defamatory. Read the rest of this entry »





Case Law, Strasbourg: Ärztekammer für Wien and Dorner v Austria, Injunctions prohibiting attack on company’s reputation did not violate Article 10 – Hugh Tomlinson QC

23 02 2016

Austrian DoctorsIn the case of Ärztekammer für Wien and Dorner v Austria ([2016] ECHR 179) the Fourth Section of the Court of Human Rights held that an injunction prohibiting a doctors’ leader from criticising a company which provided private health care was not an unjustified interference with his Article 10 rights. Despite the public interest in the subject matter, the protection of the commercial reputation of the company justified the grant of interim and final injunctions. Read the rest of this entry »





Case Law, Strasbourg: Firma EDV für Sie v Germany, Article 8, companies and the right to reputation – Hugh Tomlinson QC

9 10 2014

ARCHITECTURE STOCKThe 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. Read the rest of this entry »





Case Law, Strasbourg: Ageyevy v Russia, Breach of Article 8, including right to reputation – Hugh Tomlinson QC

15 06 2013

european-court-of-human-rights-source-garant-ruIn 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. Read the rest of this entry »