Article 10 Archives

The imposition of administrative fines for articles and polls published on the internet during the pre-election period violated freedom of expression

Article 10
22/05/2021 19:25

JUDGMENT OOO Informatsionnoye Agentstvo Tambov-Inform v. Russia 18.5.2021 (app. no 43351/12) see here SUMMARY The case concerned the publication of articles and an online poll on a website during an election campaign. Convictions followed, with the articles being classified, in particular, as “pre-election campaigning” in breach of the relevant Russian law. Concerning the prosecutions in […]

Journalists are not released from their duty to comply with the law, solely on the basis that Article 10 of the Convention afforded them protection!

Article 10
21/05/2021 19:08

JUDGMENT Amaghlobeli and others v. Georgia 20.05.2021 (app. no. 41192/11) see here SUMMARY The case concerned the scope of journalistic freedom to engage in news-gathering activities in the customs-control zone of a border checkpoint. Two of the applicants had entered such a zone, had interviewed travellers and taken photographs, and had refused to leave when […]

The criminal conviction for publishing a “mocking documentary” online for inciting violence against foreign nationalities, did not violate the freedom of expression! Cassation-instance proceedings in camera. Violation of the right to be heard

Article 10
17/05/2021 19:46

JUDGMENT Kilin v. Russia 11.05.2021 (app. no. 10271/12) see here SUMMARY Freedom of expression and the internet. Online publication of a “mocking documentary” aimed at inciting violence against foreign nationalities. Right to be heard. Court of Appeal proceedings in camera. Criminal conviction for uploading and sharing content via the internet on a small social networking […]

Conviction of a whistleblower who disclosed tax documents: no violation of the Convention

Article 10
13/05/2021 19:11

JUDGMENT Halet v. Lyxembourg 11.5.2021 (app. no. 21884/18) see here SUMMARY The case concerned Mr Halet’s criminal conviction in the “Luxleaks” case for disclosing tax documents concerning some of his employer’s clients. The Luxembourg courts did not accept whistleblowing as justification for Mr Halet’s actions, taking the view that the disclosure of the documents, which […]

Prohibition of dissemination of parliamentary investigation information on corruption! Violation of freedom of expression

Article 10
07/05/2021 19:35

JUDGMENT Akdeniz and others v. Turkey 04.05.2021 (app. no. 41139/15 and 41146/15) see here SUMMARY The concerned an interim injunction ordered by the domestic courts banning the dissemination and publication (on any medium) of information on a parliamentary inquiry into allegations of corruption against four former ministers, which had been instigated following an operation conducted […]

Criminal prosecution of a member of parliament for her political views after the revocation of parliamentary immunity. Violation of freedom of expression

Article 10
06/05/2021 19:01

JUDGMENT Kerestecioğlu Demir v. Turkey 04.05.2021 (app. no. 68136/16) see here SUMMARY The case concerned the withdrawal of parliamentary immunity from the applicant, an elected member of the Turkish National Assembly, a decision which in her submission was the result of her political opinions. She also complained of a violation of her right to freedom […]

Imposition of penalties for displaying local flags by an MEP! The convictions did not examine the facts in depth and did not have sufficient reasoning. Violation of the procedural aspect of the right to freedom of expression

Article 10
27/04/2021 14:54

JUDGMENT Tőkés v. Romania 27.04.2021 (app. no. 15976/16 and 50461/17) see here SUMMARY The case concerned a Romanian national, László Tőkés, who belongs to the Hungarian minority in Romania and who was elected as a member of the European Parliament in respect of Hungary. The Romanian authorities imposed sanctions on Mr Tőkés for flying the […]

Criticism of Erdogan by a journalist that he is not bound by the Constitution and that he will destroy Turkey! 18 months in prison and sentenced to 10.5 years in prison! New sentence by the ECHR!

Article 10
19/04/2021 18:53

JUDGMENT Ahmet Hüsrev Altan v. Turkey 13.4.2021 (application no. 13252/17) see here SUMMARY The case concerned the pre-trial detention of the applicant, who is a well-known novelist and journalist, following his arrest on suspicion of membership of the Fetullahist Terrorist Organisation/Parallel State Structure. The events took place around the attempted coup d’état in July 2016 […]

Pre trial detention of a journalist for 13 months without any indications of belonging to a terrorist organization and attempting to overthrow the regime. Violation of freedom of expression and personal freedom

Article 10
14/04/2021 18:03

JUDGMENT Murat Aksoy v. Turkey 13.04.2021 (app. no. 80/17) see here SUMMARY A well-known journalist, critical of the government with rich activity in the print and electronic press, was arrested after the coup of July 15, 2016 in Turkey, and was temporarily detained for 13 months. Two criminal charges were brought against him for belonging […]

Unjustified access to a journalist’s telephone data and its geographical location for 16 months violated the protection of her journalistic sources.

Article 10
12/04/2021 19:15

JUDGMENT Sedletska v. Ukraine 01.04.2021 (app. no. 2634/18) see here SUMMARY Protection of journalistic sources and freedom of expression. The case concerned a court order accessing the data of the applicant’s mobile phone, as she worked as a journalist for the Radio Free Europe / Radio Liberty radio station, by the prosecutor’s office, thus ensuring […]

Article 10