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Tag: Strasbourg (Page 1 of 2)

Case Law, Strasbourg: Magyar Jeti Zrt v. Hungary: ECtHR rules on hyperlinking to defamatory content – Oliver Fairhurst

On 4 December 2018, the European Court of Human Rights provided some helpful clarification on the potential liability for posting hyperlinks to defamatory content in the case of Magyar Jeti Zrt v. Hungary. In doing so, the Court referred to the ever-growing corpus of European Union law concerning the concept of “communication to the public” contained in Article 3(1) of the InfoSoc Directive 2001/29/EC. Continue reading

Case Law, Strasbourg: Medžlis Islamske Zajednice Brčko v. Bosnia and Herzegovina, “Political defamation” and public servants’ reputational rights – Alex Bailin QC and Jessica Jones

In Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina ([2017] ECHR 608)  the Grand Chamber of the ECtHR found by an 11-6 majority that there was no violation of Article 10 in findings of defamation by the national courts in relation to a public servant’s right to reputation. Continue reading

Case Law, Strasbourg: Rubio Dosamantes v Spain, TV discussions of singer’s sexuality and relationship breached Article 8 – Hugh Tomlinson QC

The Court of Human Rights has held that the fact that singer was well known to the public and been the subject of well publicised rumours about her sexuality did not justify the broadcast of interviews about her relationships and sexuality. In the case of Rubio Dosamantes v Spain (Judgment of 21 February 2017)(in French only) the Third Section held that the dismissal of the applicant’s domestic claims was a breach of her Article 8 rights. Continue reading

News: Court of Human Rights Grand Chamber recognises an Article 10 right to access to information

Perincek Grand ChamberThe Grand Chamber of the European Court of Human Rights today handed down judgment in the case of Magyar Helsinki Bizottság v. Hungary (application no. 18030/11).  It held (15:2) that there is an Article 1o right to public access to information where access to the information is instrumental for the individual’s exercise of his or her right to freedom of expression. Continue reading

Case Law, Strasbourg: Société de Conception de Presse v. France, Order redacting photograph of torture victim did not violate Article 10 – Hugh Tomlinson QC

1375099805_choc_26_07_2013_fr.downmagaz.comIn the case of Société de Conception de Presse et d’Édition v. France ([2016] ECHR 216)(only in French), the Court of Human Rights, Fifth Section, held that a French court’s order that the publishers of Choc magazine should black out a photograph taken by the captors and torturers of a man who died did not violate their Article 10 rights. Continue reading

Case Law, Strasbourg: Morar v Romania, Criminal defamation and journalistic bad faith – Joseph Williams

academia-catavencu-ultimul-numar-fondatoriiOn 7 July 2015, the Third Section of the European Court of Human Rights handed down a judgment in Morar v Romania ([2015] ECHR 668)(available only in French), ruling that a domestic court’s finding of criminal defamation against a journalist violated Article 10 principles on freedom of expression. Unfortunately, the court failed properly to engage with the issue of journalistic bad faith.  Continue reading

Case Law, Strasbourg: Almeida Leitão Bento Fernandes v. Portugal, No violation of Article 10 in ‘roman à clef’ case – Hugh Tomlinson QC

Torre de MoncorvoIn the case of Almeida Leitão Bento Fernandes v. Portugal (Judgment of 12 March 2015)(available only in French), the First Section of the Court of Human Rights held that the a libel conviction and award of damages against an author whose novel was held to have libelled members of her husband’s family did not violate Article 10. Continue reading

Case Law, Strasbourg: Karácsony and Szél v. Hungary, sanctions on protesting parliamentarians breached Article 10 – Hugh Tomlinson QC

HungarianParliamentBuildingIn the cases of Karácsony and v Hungary and Szél v.Hungary (applications nos. 42461/13 and 44357/13) decided on 16 September 2014 the Second Section of the European Court of Human Rights held that financial sanctions imposed by the Speaker on demonstrating members of the opposition in the Hungarian Parliament were a violation of Article 10. Continue reading

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