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Tag: Strasbourg (Page 2 of 3)

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

Case Law, Strasbourg: Print Zeitungsverlag GmbH v Austria, a bad defamation decision based on privacy criteria – Hugh Tomlinson QC

cover-customIn the case of Print Zeitungsverlag GmbH v. Austria (Judgment of 10 October 2013), the First Section of the Court of Human Rights held that a domestic defamation judgment  in favour of two local politicians did not constitute a breach of Article 10.  On the facts this was a bad decision which failed to apply established Convention case law but it is of wider interest because, apparently for the first time, the Court applied privacy case law in the defamation context. Continue reading

The United Kingdom in Strasbourg – all the Article 10 judgments

court buildingThe House of Commons Library has published  UK Cases at the European Court of Human Rights since 1975 [pdf] outlining all the cases involving the UK at Strasbourg since 1975, with links to the judgments since September 1997.  Following a request on Twitter by Adam Wagner of the “UK Human Rights Blog” for a breakdown down of the cases by category he had two responses.   There is a Word document from University of Law’s Trevor Jackson and an Excel spreadsheet from David Charlton. Continue reading

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