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. Read the rest of this entry »
Case Law, Strasbourg: Magyar Jeti Zrt v. Hungary: ECtHR rules on hyperlinking to defamatory content – Oliver Fairhurst
14 12 2018Comments : 6 Comments »
Tags: Hyperlinking, Oliver Fairhurst, Strasbourg
Categories : Caselaw, Freedom of expression, Human Rights, Internet
Case Law, Strasbourg: Medžlis Islamske Zajednice Brčko v. Bosnia and Herzegovina, “Political defamation” and public servants’ reputational rights – Alex Bailin QC and Jessica Jones
11 07 2017
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. Read the rest of this entry »
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Tags: Alex Bailin QC, Grand Chamber, Jessica Jones, NGOs, Strasbourg
Categories : Caselaw, Freedom of expression, Human Rights
Case Law, Strasbourg: Rubio Dosamantes v Spain, TV discussions of singer’s sexuality and relationship breached Article 8 – Hugh Tomlinson QC
22 02 2017
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. Read the rest of this entry »
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Tags: Hugh Tomlinson QC, Strasbourg
Categories : Freedom of expression, Human Rights, Privacy
Case Law, Strasbourg: Lykin v. Ukraine, Free speech and elected officials – Ed Klaris & Alexia Bedat
17 01 2017
On 12 January 2017, the Court of Human Rights handed down judgment in the case of Lykin v Ukraine ([2017] ECHR 17), providing a timely reminder that freedom of political expression under Article 10 can trump reputation. Read the rest of this entry »
Comments : 4 Comments »
Tags: Alexia Bedat, Article 10, Ed Klaris, Strasbourg
Categories : Freedom of expression, Human Rights
News: Court of Human Rights Grand Chamber recognises an Article 10 right to access to information
8 11 2016
The 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. Read the rest of this entry »
Comments : 5 Comments »
Tags: Access to Information, ECtHR, Grand Chamber, Strasbourg
Categories : Freedom of expression, Freedom of Information, Human Rights
Case Law, Strasbourg: Société de Conception de Presse v. France, Order redacting photograph of torture victim did not violate Article 10 – Hugh Tomlinson QC
17 03 2016
In 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. Read the rest of this entry »
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Tags: Hugh Tomlinson QC, Strasbourg
Categories : Freedom of expression, Human Rights, Privacy
European Court of Human Rights: Article 10 case law, July to October 2015
31 10 2015
In the four months from 1 July to 31 October 2015, the Court of Human Rights handed down judgments in 11 cases where an Article 10 issue was central. Violations of Article 10 were found in 7 of the 11 cases. The cases are as follows: Read the rest of this entry »
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Tags: Article 10, Strasbourg
Categories : Caselaw, Freedom of expression, Human Rights
Case Law, Strasbourg: Morar v Romania, Criminal defamation and journalistic bad faith – Joseph Williams
1 08 2015
On 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. Read the rest of this entry »
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Tags: Article 10, Joseph Williams, Strasbourg
Categories : Freedom of expression, Human Rights
Case Law, Strasbourg: Almeida Leitão Bento Fernandes v. Portugal, No violation of Article 10 in ‘roman à clef’ case – Hugh Tomlinson QC
27 03 2015
In 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. Read the rest of this entry »
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Tags: Court of Human Rights, Novel, Strasbourg
Categories : Freedom of expression, Human Rights
Case Law, Strasbourg: Karácsony and Szél v. Hungary, sanctions on protesting parliamentarians breached Article 10 – Hugh Tomlinson QC
23 09 2014
In 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. Read the rest of this entry »
Comments : 1 Comment »
Tags: Article 10, Parliament, Strasbourg
Categories : Caselaw, Freedom of expression, Human Rights
