Freedom of expression

Defamation proceedings of a judge against a newspaper. Lack of impartiality and violation of the freedom of expression regarding the condamnation of the newspaper

JUDGMENT  Editorial Board of Grivna Newspaper v. Ukraine  16.04.2019 (no. 41214/08 and 49440/08) see here SUMMARY  Defamation proceedings of judge against in a newspaper for two articles referring to him. References to corruption complaints against him and presentation of photographs, one of which showed  him in formal dress and brought the caption: “I will compensate […]

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House arrest of an activist and over-limitations in his communication. Violation of the right to freedom and freedom of expression

JUDGMENT Navalnyy v. Russia 09.04.2019 (n. 2) (no. 43734/14) see here SUMMARY The case concerned Mr Navalnyy being held under house arrest during a criminal investigation against him and the restrictive measures imposed on him during that time. The Court found that the house-arrest order had not been justified, particularly in view of the fact […]

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The domestic courts’ refusal to impose liability on an Internet forum for anonymously posted comments was not in breach of Article 8

JUDGMENT Høiness v. Norway 19.03.2019 (no. 43624/14) see here SUMMARY The case concerned the domestic courts’ refusal to impose civil liability on an Internet forum host after vulgar comments about Ms Høiness had been posted on the forum. The Court found in particular that the national courts had acted within their discretion (“margin of appreciation”) […]

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Criminal conviction for propaganda because they read periodicals of a far-left party violates the right to freedom of expression!

JUDGMENT Mart and others v. Turkey 19.03.2019 (no.  57031/10) see here SUMMARY The case concerned the conviction of the three applicants in criminal proceedings for disseminating propaganda in favour of an illegal organisation (the MKLP, the Marxist-Leninist Communist Party). The Court observed that, in giving reasons for its judgment, the Assize Court had noted in […]

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Dominique Strauss-Kahn, the unproven complaint against him for attempted bribery and the conviction of the complainant. No violation of freedom of expression

JUDGMENT Campion v. France 14-3-2019 (no. 35255/17), SUMMARY The case concerned comments made by Marcel Campion to the weekly magazine VSD on account of which he was found guilty of defaming Dominique Strauss-Kahn. Like the domestic courts, the Court was of the view that Mr Campion had not provided a sufficient factual basis in order […]

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The systematic prosecution of a newspaper owner for the publication of statements by leaders of “terrorist” organizations violated freedom of expression.

JUDGMENT Ali Gürbüz v. Turkey  12-3-2019 (no. 52497/08, 6741/12, 7110/12, 15056/12, 15057/12 and 15059/12) see here   SUMMARY The case concerned seven sets of criminal proceedings brought against Mr Gürbüz for publishing, in his daily newspaper Ülkede Özgür Gündem, statements by the leaders of organisations characterised as terrorist under Turkish law. He was acquitted after proceedings […]

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The sentencing of a newspaper editor to a prison sentence for defamation of a judge was “manifestly disproportionate” by violating freedom of expression

JUDGMENT Sallusti v. Italy  07.03.2019 (no. 22350/13) see here SUMMARY Prison sentence of a famous Italian editor-in-chief of for articles published in his newspaper. The national courts found that these articles had falsely reported that a 13-year-old girl had been forced to perform an abortion by her parents and the custodian judge, despite the earlier […]

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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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