In Pryanishnikov v Russia ([2019] ECHR 614), a case concerning the authorities’ refusal to grant the applicant a film reproduction license, the European Court of Human Rights found a violation of the right to freedom of expression, as the only reason advanced by the domestic courts for the refusal of the relevant license had been based on mere suspicions rather than findings of fact. Read the rest of this entry »
Case Law, Strasbourg: Pryanishnikov v. Russia: Refusal to grant a licence for the reproduction of erotic material violated Article 10 – Argyro Chatzinikolaou
29 11 2019Comments : Leave a Comment »
Tags: Argyro Chatzinikolaou, Article 10, Russia, Strasbourg Observers
Categories : Freedom of expression, Human Rights
Case Law, Strasbourg: Szurovecz v. Hungary, Denying journalist access to asylum-seeker ‘reception centre’ violated Article 10 – Dirk Voorhoof and Ronan Ó Fathaigh
6 11 2019
In Szurovecz v. Hungary, the European Court of Human Rights has held that a refusal to grant a journalist access to an asylum-seeker ‘reception centre’ in Hungary violated his right to freedom of expression under Article 10 ECHR. Read the rest of this entry »
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Tags: Article 10, Ronan Ó Fathaigh and Dirk Voorhoof, Strasbourg Observers
Categories : Freedom of expression, Human Rights, Journalism
Case Law, Strasbourg: Gürbüz and Bayar v. Turkey, Dangerous “triple pirouette” to find criminal prosecution for media coverage of PKK statements did not violate Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof
17 10 2019
The European Court’s Second Section recently found that criminal proceedings against the owner and the editor of a newspaper for having published statements by the leader of a terrorist organisation were justified and did not violate the right to freedom of expression. Read the rest of this entry »
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Tags: Ronan Ó Fathaigh and Dirk Voorhoof, Strasbourg Observers
Categories : Freedom of expression, Human Rights
Case Law, Strasbourg: Brzeziński v. Poland: Fine over ‘false’ information during election campaign violated Article 10 – Ronan Ó Fathaigh
16 08 2019
On 25 July 2019, the European Court of Human Rights delivered an important judgment in Brzeziński v. Poland, (available only in French) concerning a provision in Poland’s election law which allows a court, within 24 hours, to consider whether ‘untrue information’ has been published, and to issue an order prohibiting its further distribution. Read the rest of this entry »
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Tags: Fake News, Ronan O Fathaigh, Strasbourg Observers
Categories : Caselaw, Freedom of expression, Human Rights
Case Law, Strasbourg: Prior restraint of campaigning for a peaceful but unauthorised demonstration violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof
18 05 2019
On 30 April 2019, in Kablis v. Russia, the Third Section of the European Court of Human Rights (“ECtHR”) unanimously found that the blocking by Russian authorities of an activist’s social networking account and entries on his blog had breached his right to freedom of expression under Article 10 of the European Convention on Human Rights. Read the rest of this entry »
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Tags: freedom of assembly, Prior Restraint, Ronan Ó Fathaigh and Dirk Voorhoof, Strasbourg Observers
Categories : Caselaw, Freedom of expression, Human Rights
Case Law, Strasbourg: Mătăsaru v Moldova, Activist’s conviction for hooliganism over ‘obscene’ protest violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof
26 01 2019
On 15 January 2019, in Mătăsaru v. the Republic of Moldova ([2019] ECHR 35) the Court of Human Rights, Second Section unanimously found that an anti-corruption activist’s conviction for staging an “obscene” demonstration outside a prosecutor’s office, targeting a number of public officials, violated the activist’s freedom of expression. Read the rest of this entry »
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Tags: Dirk Voorhoof, Expressive Conduct, Obscenity, Protest, Ronan O Fathaigh, Strasbourg Observers
Categories : Caselaw, Freedom of expression, Human Rights
Case Law, Strasbourg: Savva Terentyev v Russia, Conviction for inciting hatred against the police violated blogger’s freedom of expression – Dirk Voorhoof
11 10 2018
In Savva Terentyev v. Russia the ECtHR has applied a very high level of free speech-protection for aggressively insulting and hostile comments about police officers, published on a weblog. The ECtHR observes that some of the wording in the blog post was offensive, insulting and virulent, but it found that the (emotional and sarcastic) comments as a whole could not be seen as inciting to hatred or violence. Read the rest of this entry »
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Tags: Dirk Voorhoof, Strasbourg Observers
Categories : Freedom of expression, Human Rights
Case Law, Strasbourg: Mariya Alekhina v. Russia, Pussy Riot, the right to protest and to criticise the President, and the Patriarch – Dirk Voorhoof
18 09 2018
In its judgment of 17 July 2018 the ECtHR has found various violations of the rights of the members of the feminist punk band Pussy Riot. The ECtHR found violations under Article 3 (prohibition of inhuman or degrading treatment), Article 5 § 3 (right to liberty and security) and 6 §§ 1 and 3 (c) ECHR (right to fair trial), in relation to the conditions of their transportation and detention in the courthouse, their pre-trial detention, the treatment during the court hearings (being exposed to public view in a glass dock surrounded by armed police), and restrictions to legal assistance. Read the rest of this entry »
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Tags: Dirk Voorhoof, Peaceful Protest, Pussy Riot, Russia, Strasbourg Observers
Categories : Freedom of expression, Human Rights
Case Law, Strasbourg: Stomakhin v Russia, No overbroad suppression of extremist opinions and ‘hate speech’ – Dirk Voorhoof
14 06 2018
In its recent judgment in Stomakhin v. Russia, the European Court of Human Rights (ECtHR) launched the message to all domestic authorities to adopt a “cautious approach” in determining the scope of “hate speech” crimes and to avoid “excessive interference” with the right to freedom of expression, especially when action is taken against ‘hate speech’ or extremist opinions that are mere criticism of the government, state institutions and their policies and practices. Read the rest of this entry »
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Tags: Dirk Voorhoof, Hate Speech, Strasbourg Observers
Categories : Freedom of expression, Human Rights
Case Law, Strasbourg: Benedik v Slovenia: Police need court order to access subscriber information associated with a dynamic IP address – Argyro Chatzinikolaou
9 06 2018
In its judgement in the case of Benedik v Slovenia the Fourth Section of the Court held i that there had been a violation of Article 8 (right to respect for private and family life) with regard to the failure of the Slovenian police to obtain a court order before accessing subscriber information associated with a dynamic IP address[1]. Read the rest of this entry »
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Tags: Argyro Chatzinikolaou, Strasbourg Observers
Categories : Human Rights, Privacy
