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Tag: Strasbourg (Page 1 of 3)

Case Law, Strasbourg: Zemmour v France, Journalist’s conviction for inciting discrimination did not breach Article 10 – Catherine Arnold

ECHR upholds hate speech conviction against Eric Zemmour – DW – 12/20/2022In 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

Case Law, Strasbourg: McCann and Healy v Portugal, Article 8 claim by McCanns dismissed – Catherine Arnold

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

Case Law, Strasbourg: Handzhiyski v Bulgaria: Conviction for placing Santa Claus accessories on statue in the context of nation-wide political protests violated Article 10 – Mike Dodd

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

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

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