In Zemmour v France [2022] ECHR 1130 (in French only), the Fifth Section of the European Court of Human Rights held, unanimously, that the Article 10 right of the applicant, a journalist and political commentator, had not been violated by his conviction for inciting discrimination and religious hatred against the Muslim community in France under s.24 § 7 of the Freedom of the Press Act of 29 July 1881. Continue reading
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Tag: Strasbourg (Page 1 of 3)
In McCann and Healy v. Portugal ([2022] ECHR 725)(in French only), the Fourth Section of the European Court of Human Rights held, unanimously, that the applicants’ Article 8 rights had not been violated by the publication of a book, a documentary programme, and a newspaper interview alleging that the applicants’ daughter had died inside their holiday flat and that the applicants had hidden her dead body and fabricated her abduction. Continue reading
In the case of Mesić v. Croatia ((2022) ECHR 348) the Court of Human Rights found that there had been no breach of Article 10 when a fine had been imposed upon Stjepan Mesić, the President of Croatia from 2000-2010, for insulting Ivan Jurašinović, a lawyer of Croatian origin practising in France. Continue reading
The Fourth Section of the Court of Human Rights today handed down judgment in the case of Pal v UK [2021] ECHR 990, a case arising out of the arrest and prosecution of journalist Dr Rita Pal for harassing another journalist (referred to in the judgment as AB). It was held that this was a violation of Dr Pal’s Article 10 rights. Continue reading
In its judgment in the case of Handzhiyski v Bulgaria ([2021] ECHR 283) the Fourth Section of the Court held, by a six-one majority, that convicting and fining a local politician who had placed a Santa Claus hat on a statute of a former Communist and put a red sack at its feet as part of a political and satirical protest was an unjustified interference with his right to freedom of expression under Article 10. Continue reading
In the case of Balaskas v Greece [2020] ECHR 783 the European Court of Human Rights held that the conviction of a journalist of insulting a headmaster by describing him as a neo-Nazi in an article breached his right to freedom of expression. Continue reading
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
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
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
Case Law, Strasbourg: Lykin v. Ukraine, Free speech and elected officials – Ed Klaris & Alexia Bedat
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. Continue reading
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