Article 10

Disciplinary sanction against a judge for his Facebook posts on matters of public interest. Violation of freedom of expression

JUDGMENT Danileţ v. Romania 20.02.2024 (app. no. 16915/21) see here SUMMARY The case concerned a disciplinary sanction imposed on a judge by the National Judicial and Legal Service Commission for posting two messages on his Facebook account. The Court found that the domestic courts had failed to give due consideration to several important factors, in […]

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Dismissal of a bank employee for sending a critical email against a senior bank executive. Violation of freedom of expression

JUGMENT Dede v. Turkey 20.02.2024 (app. no. 48340/20) see here SUMMARY The case concerned the dismissal of a bank employee for having sent an email to the staff of his company’s human resources department criticising a senior executive’s management methods. The employer considered that the email had caused a nuisance which had disturbed peace and […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

Police restraint of demonstrators violated their right to freedom of movement, expression and assembly

JUDGMENT Auray and others v. France  08.02.2024 (app. no. 1162/22) see here SUMMARY The case concerned the applicants’ containment for several hours on Place Bellecour in Lyons on 21 October 2010, during a demonstration against a pension reform bill. Having noted that the reason for cordoning off Place Bellecour had been to separate and contain […]

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ενδοοικογενειακή βία

Publication of the name of an alleged victim of sexual abuse by the alleged rapist in a book he published. No violation of the right of freedom of expression

JUDGMENT Ramadan  v. France 01.02.2024 ( app. no. 23443/23) see here SUMMARY The case concerned the applicant’s conviction for having disseminated information about the identity of the presumed victim of a rape for which he was facing trial. The Court noted that the domestic courts had clarified the concept of a “victim” for the purposes […]

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Criminal conviction of a defendant for defamation following allegations of sexual harassment of her superior. Violation of the right of freedom of expression

JUDGMENT Allée v. France 18.01.2024 (app. no. 20725/20) see here SUMMARY The case concerned the applicant’s criminal conviction for public defamation following her allegations of harassment and sexual assault against a senior executive of the non-profit association where she worked. The claims had been sent by email to six people from both inside and outside […]

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A rapper’s coviction for slanderous posts against the king of Spain and for glorifying terrorism did not violate freedom of expression!

JUDGMENT Rivadulla Duró v. Spain 09.11.2023 (app. no. 27925/21) see here SUMMARY Condemnation of rapper for defamatory and critical posts against the honorary king of Spain on twitter. These posts praised and supported terrorist acts and aimed to remove the royal family from the monarchy in Spain. The applicant was sentenced to two years in […]

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Refusal of the public to provide information to a citizen despite the existence of a court order. Violation of the right of freedom of expression

JUDGMENT ZHOKH v. Ukraine 28.09.2023 ( app. no. 29319/13) see here SUMMARY The appellant requested from the town planning office documents for public real estate. The officials refused to grant the documents. A court order was then issued ordering the government to grant them, which was never carried out. According to the Court, to be […]

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Conviction of applicants “with judgment suspended” in freedom of expression cases was in breach of Convention

JUDGMENT Durukan and Birol v. Turkey  03.10.2023 (app. no. 14879/20 and 13440/21) see here SUMMARY The case concerned the applicants’ convictions and prison sentences, with the effects of the judgments being suspended (Article 231 of the Code of Criminal Procedure), on account of content they had shared on social media. The Court held that, in […]

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Facebook post insulting the honor of the President of the Association of Chambers and Stock Exchanges. The conviction violated the right of freedom of expression

JUDGMENT Doğudan v. Turkey 26.09.2023 (app. no. 12256/21) see here SUMMARY Conviction of the applicant for a post he had published on his Facebook account. In this post, he launched accusations against the President of the Union of Chambers and Stock Exchanges of Turkey, damaging his honor and reputation. He was accused of insult and […]

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Compensation against a broadcasting company for broadcasting news about vaccines against a Minister. Violation of freedom of expression

JUDGMENT Radio Broadcasting Company B92 AD v. Serbia (application no. 67369/16) see here SUMMARY The case concerned civil proceedings brought against the applicant broadcasting company by a former assistant health minister for its reporting in 2011 that she had been suspected of abuse of office, amid an ongoing controversy over the procurement of swine flu […]

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