In the judgment in the case Becker v. Norway the ECtHR showed once more its concern about the importance of the protection of journalistic sources for press freedom and investigative journalism in particular. Read the rest of this entry »
Case Law, Strasbourg: Becker v Norway, Robust protection of journalistic sources remains a basic condition for press freedom – Dirk Voorhoof
14 10 2017Comments : 2 Comments »
Tags: Dirk Voorhoof, Strasbourg Observers
Categories : Caselaw, Freedom of expression, Human Rights
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 »
Comments : 1 Comment »
Tags: Stijn Smet, Strasbourg Observers
Categories : Freedom of expression, Human Rights
Case Law, Strasbourg: Bogomolova v. Russia, Publication of picture of 3 year old “orphan” violated Article 8 – Ingrida Milkaite
25 07 2017
The case of Bogomolova v. Russia concerns the use of an unauthorised photograph of a minor’s face on the front page of a booklet promoting adoption and help for orphans. It proves that the publication of pictures of children without parental consent may have a significant social impact on the family and may violate Article 8 of the European Convention of Human Rights (ECHR), protecting the right to private and family life. Read the rest of this entry »
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Tags: Article 8, GDPR, Ingrida Milkaite, Strasbourg Observers
Categories : Human Rights, Legal, Privacy
Case Law, Strasbourg: Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland, No journalism exception for massive exposure of personal taxation data – Dirk Voorhoof
6 07 2017
After long proceedings at national level, a preliminary ruling by the CJEU on 16 December 2008 (Case C-73/07), and after the Court of Human Rights Chamber judgment of 21 July 2015, the Grand Chamber on 27 June 2017 finally found no violation of the right to freedom of expression and information in Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland. Read the rest of this entry »
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Tags: Dirk Voorhoof, Strasbourg Observers
Categories : Data Protection, Freedom of expression, Human Rights, Journalism
Case Law, Strasbourg: Independent Newspapers v. Ireland: €1.25 million defamation award against newspaper violated Article 10 – Ronan Ó Fathaigh
25 06 2017
The European Court’s Fifth Section has unanimously held that a damages award made against an Irish newspaper for defamation violated the right to freedom of expression, under Article 10 of the European Convention. While the judgment in Independent Newspapers v. Ireland concerned Irish defamation law prior to reforms brought about in 2009, it is still significant for signalling to Irish courts that unpredictably high damages have a “chilling effect,” and require the “most careful scrutiny” and “very strong justification.” Read the rest of this entry »
Comments : 3 Comments »
Tags: Ronan O Fathaigh, Strasbourg Observers
Categories : Caselaw, Freedom of expression, Human Rights, Ireland
Case Law: Strasbourg: Pihl v Sweden: No liability for defamatory users’ comments after prompt removal upon notice – Dirk Voorhoof
22 03 2017
In its decision of 9 March 2017 in Rolf Anders Daniel Pihl v. Sweden, the Court of Human Rights has clarified the limited liability of operators of websites or online platforms containing defamatory user-generated content.The Court’s decision is also to be situated in the current discussion on how to prevent or react on “fake news”, and the policy to involve online platforms in terms of liability for posting such messages. Read the rest of this entry »
Comments : 1 Comment »
Tags: Delfi, Dirk Voorhoof, Strasbourg Observers
Categories : Caselaw, Freedom of expression, Human Rights
Resuscitating Workplace Privacy? A Brief Account of the Grand Chamber Hearing in Bărbulescu v. Romania – Gaurav Mukherjee and James Wookey
18 01 2017
On 30 November 2016, the Grand Chamber of the European Court of Human Rights (ECtHR) heard oral arguments in Bărbulescu v. Romania. The case was referred to the Grand Chamber on 6 June 2016, after a Chamber judgment delivered on 12 January 2016. Read the rest of this entry »
Comments : 1 Comment »
Tags: Gaurav Mukherjee, James Wookey, Strasbourg Observers, Workplace Privacy
Categories : Human Rights, Privacy
