Article 10

Facebook posts against Erdogan! Criminal conviction due to a law that provided increased protection to the head of state. Violation of freedom of expression!

JUDGMENT Vedat Şorli v. Turkey 19.10.2021 (app. no. 42048/19) see here SUMMARY The sentencing of the applicant to a term of imprisonment – with delivery of the judgement suspended for five years – for insulting the President of the Republic, on account of two posts which he shared on his Facebook account. The content comprised, […]

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Recognition of violation of freedom of expression in civil proceedings, without any award of compensation! Violation of Article 10 of the ECHR

JUDGMENT The Association of Investigative Reporters and Editorial Security of Moldova and Sanduța v. the Republic of Moldova 12.10.2021  (application no. 4358/19) see here SUMMARY The case concerned defamation proceedings brought against the applicants, an NGO and a journalist, for their article reporting on the Socialist Party of Moldova’s alleged financing by an offshore company […]

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The national courts ordered a journalist to pay a small amount as moral damage. No violation of the freedom of expression

JUDGMENT Milosavljević v. Serbia 21.09.2021 (no. 2) (app. no. 47274/19) see here SUMMARY Freedom of expression, public figures and responsible journalism. Balancing the freedom of expression of the journalist and protecting the personality of the victim. The plaintiff was ordered by a court order to pay, together with two other defendants, to the administrator of […]

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Fine for a TV interview about legalizing marijuana! Violation of freedom of expression!

JUDGMENT Ringier Axel Springer Slovakia, a.s. v. Slovakia 23.09.2021 (no. 4) (app. no. 26826/16) see here SUMMARY A famous singer allegedly expressed support for marijuana legalisation and the journalist allegedly appeared to agree with him resulting in the broadcaster being fined. The Court found in particular that the journalist had not intended to praise marijuana […]

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Government’s preventing publication of Haykakan Zhamanak newspaper during state of emergency. Violation of freedom of expression and the right of access to court

JUDGMENT Dareskizb Ltd v. Armenia 21.09.2021 (app. no. 61737/08) see here SUMMARY Preventing the applicant company from publishing its newspaper, Haykakan Zhamanak, during a state of emergency following the 2008 presidential election in Armenia. The ECtHR found, in particular, that the restriction of the newspaper’s circulation had no other purpose than to limit criticism of […]

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Politician fined in criminal proceedings for failing to act promptly by deleting comments from his public Facebook account inciting hatred: no violation of the Convention

JUDGMENT Sanchez v. France 02.0.2021 (app. no. 45581/15) see here SUMMARY The case concerned the criminal conviction of the applicant, at the time a local councillor who was standing for election to Parliament, for incitement to hatred or violence against a group of people or an individual on the grounds of their membership of a […]

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The marginalization of a political union by political debates on a state run channel violated the freedom of expression

JUDGMENT Associazione Politica Nazionale Lista Marco Pannella v. Italy  31.08.2021 (app. no. 66984/14) see here SUMMARY A complaint from an Italian political union, represented in Parliament, that he had not been invited to participate in political debates scheduled during three major current affairs programs broadcast by the state-run broadcaster. The applicant association had complained to […]

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The conviction of a Turkish imam for his posts on Facebook violated the freedom of expression. Excessive formalism on behalf of the national court in violation of the right of access

JUDGMENT Üçdağ v. Turkey 31.08.2021 (app. no. 23314/19) see here SUMMARY The case concerned Mr Üçdağ’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of two posts published on his Facebook account, as well as the rejection of his individual application to the Constitutional Court as being out of time. […]

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The discontinuance of “political platform” programs on state run television did not infringe on the applicant political union’s freedom of expression

JUDGMENT Associazione Politica Nazionale Lista Marco Pannella and Radicali Italiani v. Italy 31.08.21 (app. no. 20002/13) see here SUMMARY The case concerned the discontinuance of certain political programmes, known as “political platforms”, on State-run television. The applicants were two political associations complaining of a breach of their right to impart their ideas and opinions. The […]

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Drawings on condom packaging, which were banned as contrary to good morals. Violation of freedom of expression

JUDGMENT Gachechiladze v. Georgia  22.07.2021 (app. no.  2591/19) see here SUMMARY Administrative infringement proceedings against a businessman, concerning the advertising of condoms. Lack of relevant and sufficient reasons to justify a fine, forced product recall and a ban on future use of condom packaging plans. The domestic courts found that four of the applicant’s plans […]

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