Freedom of expression

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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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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