Freedom of expression

The unilateral presentation of a private commercial activity of a Parliamentary election candidate has violated his privacy and is not protected by the freedom of expression

JUDGMENT  Prunea v. Romania 08.01.2019 (no. 47881/11) see here SUMMARY  Freedom of expression and protection of privacy. Defamation of a Parliamentary election candidate through allegations that he has not repaid a loan he received for his election campaign. Compensation for damages from national courts. No violation of the freedom of expression, since the applicant did not […]

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Polish man who was given custodial penalty for protesting during a trial of communist-era generals suffered rights violations

JUDGMENT  Słomka v. Russia 6.12.2018 (no. 68924/12) see here SUMMARY  The case concerned the applicant’s 14-day custodial sentence for contempt of court after shouting slogans during the trial of communist-era generals who ordered martial law in the 1980s. The Court held that the applicant’s actions had aimed at criticising the judiciary and a perceived lack […]

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Court condemns libel verdict against a Hungarian media company, stresses importance of hyperlinks on Internet

JUDGMENT  Magyar Jeti Zrt v. Hungary  4.12.2018 (no. 11257/16) see here SUMMARY  The case concerned the applicant company being found liable for posting a hyperlink to an interview on YouTube which was later found to contain defamatory content. The Court underscored the importance of hyperlinking for the smooth operation of the Internet and distinguished the use […]

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Violent, intimidating and threatening journalistic attack on authors of the report regarding minority rights. Violation of privacy.

JUDGMENT Kaboğlu and Oran v. Turkey 30.10.2018 (no. 1759/08, 50766/10 and 50782/10) see here SUMMARY Official university report on the problems faced by minorities in Turkey. Journalists attacked the authors of the above report, using hate speech and incitement to violence with phrases such as “spilling blood”, “if we had beaten these people, people would […]

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Muhammad, freedom of expression and the intervention of the European Court of Human Rights

JUDGMENT  E.S. v. Austria 25.10.2018 (no. 38450/12) see here SUMMARY The case concerned the applicant’s conviction for disparaging religious doctrines; she had made statements suggesting that Muhammad had had paedophilic tendencies. The Court found in particular that the domestic courts comprehensively assessed the wider context of the applicant’s statements and carefully balanced her right to […]

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Defamation of a doctor who was involved in cell research that he resembles to a Nazi criminal and the freedom of expression

JUDGMENT Annen v. Germany  18.10.2018 (n. 6) (no. 3779/11) see here    SUMMARY An anti-abortion activist was opposed to cell research and likened a web-based researcher to those who experimented with humans during the Nazi era, suggesting that the behavior of scientists carrying out stem cell research is equivalent to the atrocities committed by the […]

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The police dissolution of university professors’ protest at the Rector’s office was necessary to prevent public unrest.

JUDGMENT Tuskia and others v. Georgia 11.10.2018 (no. 14237/07) see here SUMMARY Teachers’ protest at the Rector University office and police intervention. Dissolving the protest, administrative prosecutions and imposing fines on teachers. The Court held that the removal of the applicants from the Rector’s office was not disproportionate, since the protest could take place in […]

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Criticism in the press of political figures, convictions for damages and freedom of expression

JUDGMENT Fedchenko v. Russia (no. 3) 02.10.2018 (no. 7972/09) Fedchenko v. Russia (no. 4) 02.10.2018 (no. 17221/13) Fedchenko v. Russia (no. 5) 02.10.2018 (no. 17229/13). SUMMARY Critical publications regarding the behavior of political figures (use of state-owned cars for private purposes, ownership fraud, favoritism of a shopping center owner) and freedom of expression. Sentencing a journalist for […]

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Judicial condemnation of a campaign against abortion that compared it to murders and the Holocaust does not violate the freedom of expression.

JUDGMENT Annen v. Germany  20.09.2018 (no. 3682/10, 3687/10, 9765/10 and 70693/11) see here    SUMMARY  The cases concerned a series of complaints by an anti-abortion activist, Klaus Günter Annen, over civil court injunctions on various actions he had taken as part of an anti-abortion campaign. The plaintiffs in the domestic proceedings were four doctors who […]

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