Medžlis Islamske Zajednice Brčko v Bosnia and Herzegovina: A Simple Speech Case Made Unbelievably Complex? – Stijn Smet

29 08 2017

Imagine, if you will, two scenarios. The first involves four NGOs writing a private letter to the highest authorities of a Bosnian city. “According to our information”, the NGOs state in the letter, the newly appointed Serbian director of a public radio station has displayed a problematic attitude towards Muslims and Bosniacs. Read the rest of this entry »





Case Comment, Strasbourg: Fürst-Pfeifer v Austria: “A one-sided, unbalanced and fundamentally unjust judgment”? – Stijn Smet

22 06 2016

bezirksblatt-6322In Fürst-Pfeifer v Austria, the majority of the Fourth Section of the ECtHR ruled that the applicant’s right to private life was outweighed by the freedom of expression of an online publication and offline newspaper. In one of the fiercest and most poignant dissenting opinions I have read to date, Judges Wojtyczek and Kūris label the majority judgment as “a one-sided, unbalanced and … fundamentally unjust judgment” that “panders to prejudice” against persons, like the applicant, “with a history of mental-health problems”. Read the rest of this entry »





Case Law, Strasbourg: Ricci v Italy, Less Restrictive Alternatives in Exercising Freedom of Expression? – Stijn Smet

12 11 2013

StrisciaOn 8 October 2013, the European Court of Human Rights released its judgment in the case of Ricci v. Italy [in french only] The case concerned a broadcast by the satirical television programme Striscia la notizia (on Canale 5), which aired an intercepted episode of another television programme, normally broadcast on the public network RAI. The applicant in Ricci was the producer of the programme. Read the rest of this entry »