The International Forum for Responsible Media Blog

Tag: Strasbourg Observers (Page 1 of 7)

Case Law, Strasbourg: Lenis v Greece, Extreme Homophobia not protected under freedom of expression – Tobias Mortier

Hate speech and violence against LGBTQI+ individuals are on the rise in Europe. In 2022, ILGA Europe reported an increase in both the number of cases of violence, as well as in their severity. As for hate speech, this was by no means limited to furtive cases; politicians in several countries (including Belgium) reportedly made numerous derogatory or hateful public statements concerning LGBTQI+ persons. Continue reading

Hurbain v Belgium: Navigating the Intersection of Privacy and Press Freedom in the Digital Age – Harriet Ní Chinnéide

What is document archiving? - QuoraIn the wake of the digital revolution, questions surrounding the right to privacy and the right to be forgotten have come to the fore. With the digitalisation of press archives, what once required extensive archival research can now be discovered – even sometimes accidentally – through a simple online search. This is what led the Belgian Courts to order that Mr Hurbain anonymise an article in the online archive of the Le Soir newspaper. Before the European Court of Human Rights (the Court, ECtHR) Mr Hurbain argued that this order had violated his right to freedom of expression. Continue reading

Case Law, Strasbourg: Sanchez v France, Expansion of Intermediary Liability in the Context of Online Hate Speech – Jacob van de Kerkhof

Self-confident people are usually not too concerned about what other people post on their social media pages. But they should be. On 15 May 2023, the Grand Chamber of the European Court of Human Rights (‘ECtHR’ or ‘the Court’) released its judgment in the case of Sanchez v France, following an earlier Chamber decision which found no violation of Article 10 of the European Convention on Human Rights (ECHR).  In a lengthy decisionthe Grand Chamber explored the limits of freedom of expression in the context of hate speech in an election-related setting and intermediary liability for actors on the internet. Continue reading

Case Law, Strasbourg: Macatė v. Lithuania, Open Minds, Open Hearts, On restricting and labelling a children’s book that depicts same-sex families in a positive light – Ingrida Milkaitė

On 23 January 2023, the Grand Chamber of the ECtHR found that restricting and labelling a book of fairy tales as harmful to children solely because of LGBTI content breached Article 10 ECHR. For the first time in the Court’s case-law, Macatė vLithuania (app. no. 61435/19) assessed restrictions imposed on literature about same-sex relationships which is aimed directly at children and written in a style and language easily accessible to them. Continue reading

Case Law: Strasbourg, Dickinson v. Turkey, Yes, Prime Minister (bis): prosecution for satirical collage violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

On 2 February 2021, the European Court of Human Rights (ECtHR) unanimously found that the criminal proceedings against an artist’s satirical collage ‘insulting’ the Turkish Prime Minister violated his right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). Continue reading

Case Law, Strasbourg: LB v Hungary, The right to privacy used as a modern pillory – Liesa Keunen

The fourth section of the European Court of Human Rights (ECtHR) delivered a remarkable judgment in the case of L.B. v. Hungary (application no. 36345/16) on January 12, 2021). The publication of taxpayers’ personal data on the tax authority’s website for failing to fulfil their tax obligations constitutes no violation of the right to private life as established under Article 8 of the European Convention on Human Rights (ECHR). Continue reading

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