The International Forum for Responsible Media Blog

Tag: Strasbourg Observers (Page 1 of 6)

Case Law, Strasbourg: Marina v. Romania, Irony in Court, balancing Articles 8 and 10 – Alberto Godioli

Due to its inherent link with elusiveness and ambiguity, humour makes it particularly difficult to draw a line between lawful and unlawful expression. The task of assessing the harm in a joke is notoriously complicated by strategies such as exaggeration, distortion or irony, which are typical of humorous expression in its various forms (from satire to parody). Continue reading

Case Law, Strasbourg: Macovei v Romania, Defamation proceedings against Romanian MEP over anti-corruption comments violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

On 28 July 2020, the European Court of Human Rights held in Monica Macovei v. Romania that defamation proceedings against a sitting Member of the European Parliament violated the politician’s right to freedom of expression, under Article 10 of the European Convention on Human Rights. Continue reading

Case Law, Strasbourg: ATV ZRT v. Hungary: a missed opportunity to address Hungary’s oppressive Media Act – Nina de Puy Kamp

Hungary’s Media Act 2010 (the Act) garnered much criticism for its chilling effects on free speech (UNOSCEEUHRW).  The Act establishes a media regulator (appointed by the ruling party) to inter alia prohibit and impose fines for ‘imbalanced coverage’ and restrict non-disclosure rights of journalistic sources. Continue reading

Case Law, Strasbourg: Studio Monitori v. Georgia: access to public documents must be ‘instrumental’ for the right to freedom of expression – Dirk Voorhoof and Ronan Ó Fathaigh

In the case of Studio Monitori and Others v. Georgia the European Court of Human Rights (ECtHR) in its judgment of 30 January 2020 confirmed that the right to freedom of expression and information as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) can only be invoked in order to obtain access to public documents when a set of conditions are fulfilled. Continue reading

Case Law, Strasbourg: Tagiyev and Huseynov v. Azerbaijan, Journalist and editor’s conviction for incitement to religious hatred violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

In Tagiyev and Huseynov v. Azerbaijan, the European Court of Human Rights unanimously held that the conviction and imprisonment of Azerbaijani journalist Rafig Nazir oglu Tagiyev, and editor Samir Sadagat oglu Huseynov, for incitement to religious hatred, violated their right to freedom of expression under Article 10 ECHR. Continue reading

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