Article 10

Arbitrary blocking of websites. A blatant violation of the freedom of expression

JUDGMENT Vladimir Kharitonov (no. 10795/14), OOO Flavus and others (no. 12468/15, 23489/15 and 19074/16), Bulgakov (no. 20159/15) and Engels v. Russia 23.06.2020 (no.61919/16). see here   SUMMARY Internet and freedom of expression. Arbitrarily blocking of websites. The cases concerned different types of blocking measures, including “collateral” blocking (where the IP address that was blocked was shared […]

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δικηγόρος

A scientist was denied the title of forensic expert due to a ministerial decision decause of his posts on his personal blog. Violation of freedom of expression and fair trial due to lack of hearing.

JUDGMENT Cimperšek v. Slovenia 30.6.2020 (no.  58512/16) see here   SUMMARY The case concerned the rejection by the Minister of Justice of Mr Cimperšek’s application to become a court expert owing to a lack of the required personal qualities. The Minister referred to the contents of Mr Cimperšek’s blog and emails he had sent to complain […]

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Criticism of a company by a CEO of another company regarding his way of performing his duties is protected by the freedom of expression. Criticism against important companies can be overwhelming.

JUDGMENT Petro Carbo Chem S.E. v. Romania 30.06.2020 (no. 21768/12) see here  SUMMARY The case concerned a civil court order issued to the applicant company to pay symbolic compensation to the Chief Executive Officer (CEO) of the Oltchim company (which was the largest chemicals factory in Romania) for criticising the CEO’s management of the company […]

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A new European definition of hate speech? Yes.

Dr. Andraž Teršek, Professor of Constitutional Law, Faculty of Education, University of Primorska and European Faculty of Law, New University   Foreword On the 5th of June (2020) I have concluded my article titled “Constitutional Remarks on Understanding Freedom of Expression and the Concept of “Hate Speech” in Slovenia – and in Europe,” published on […]

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Disbarrement of a lawyer by a bar association because he criticized a public judge for tarnishing the reputation of the judiciary. Violation of freedom of expression and privacy.

JUDGMENT Bagirov v. Azerbaijan  25.06.2020 (no. 81024/12 and 28198/15) see here  SUMMARY Disbarrement of a lawyer by a Bar Association. Lawyer’s confidentiality duty. Freedom of expression and the right to privacy. The applicant, a lawyer by profession, disclosed the cause of death of his client’s son. He was suspended from practising law for one year, for […]

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Homophobic comments, hate speech and sentencing into fine payment. Non-violation of the freedom of expression of the commentator

JUDGMENT Carl Jóhann Lilliendahl v. Iceland 11.06.2020 (no. 29297/18) see here SUMMARY The case concerned the applicant’s conviction and fine for homophobic comments he had made in response to an online article. The Court found that the applicant’s comments had amounted to hate speech within the meaning of its case-law. It accepted the Icelandic Supreme […]

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Constitutional Remarks on Understanding Freedom of Expression and the Concept of “Hate Speech” in Slovenia – and in Europe

Dr. Andraž Teršek Professor of Constitutional Law at the University of Primorska and New University, European Faculty of Law   Slovenian Constitution Slovenian Constitution safeguards general right to freedom of expression by Article 39. It reads as follows: “Freedom of expression of thought, freedom of speech and public appearance, freedom of the press, and other […]

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Suspension of of journalist’s parliamentary credentials violates the freedom of expression

JUDGMENT Mándli and others v. Hungary 26.05.2020 (no. 63164/16) see here SUMMARY The case concerned the suspension of the applicants’ Parliament accreditation as journalists. The Court found in particular that the applicants, journalists working for various media outlets, had been reporting on a matter of public interest – alleged illicit payments linked to the National […]

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A judge’s son’s employment link with a law firm raised objective doubts about the judge’s impartiality in a defamation case

JUDGMENT Koulias v. Cyprus 26.05.2020 (no. 48781/12) see here SUMMARY The case concerned the applicant’s complaint that one of the Supreme Court judges in proceedings against him for defamation was not impartial as the judge’s son worked for the law firm whose founding partner represented the appellant in the case. The Court found in particular […]

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The criminal conviction of a publisher of a book on the Kurdish PKK has violated the freedom of expression.

JUDGMENT Mehdi Tanrıkulu v. Turkey 05.05.2020 (no. 9735/12) see here SUMMARY Freedom of expression and the right of citizens to valid information. The plaintiff owns a publishing house in Istanbul. He published a book on the Kurdish revolutionary organization PKK. He was prosecuted on charges of propaganda for a terrorist organization and was sentenced by […]

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