Freedom of expression

Violation of the freedom of expression by not authorizing a producer to reproduce porn movies!

JUDGMENT Pryanishnikov v. Russia 10.09.2019 (no.  25047/05) see here  SUMMARY  License for reproduction of films, freedom of expression and protection of third party rights. The applicant, a producer of erotic films, owns the copyright for their distribution with valid distribution certificates. He requested that the films be distributed by the Russian Ministry of Press and […]

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State party surveillance in order to detect endeavours hostile to the constitution. Appeals for failure to exhaust domestic remedies are inadmissible.

JUDGMENT Alternative für Deutschland v. Germany 04.07.2019 (no. 57939/18) see here  SUMMARY German party surveillance suspected of hostile endeavours against the Constitution. Non-exhaustion of internal remedies. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspicion of endeavours hostile to the constitution by the applicant party. The Court found […]

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Conviction of a publisher and editor-in-chief of a newspaper for publishing statements by leaders of a terrorist organization for incitement to violence. Freedom of transmission of information was not infringed.

JUDGMENT Gürbüz and Bayar v. Turkey 23.07.2019 (no. 8860/13) see here  SUMMARY Press, freedom of thought and incitement to violence. The applicants, the publisher and editor-in-chief of the newspaper, were sentenced to a fine for publishing statements by a terrorist leader threatening a “guerrilla fight” in the event of no dialogue and inciting “patriots” to act. The Supreme Court […]

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The conviction of a publisher because of the content of a book by a Kurdish politician insulted a former President of the Republic, violated his right to freedom of expression. Insufficient grounds for the conviction.

JUDGMENT Önal v. Turkey 02.07.2019 (no. 44982/07) see here  SUMMARY  Book publisher. Critisims of a Former Turkish President in the content of a published book of a Kurdish politician. Condemnation of the publisher for defamation. Inadequate reasoning. The applicant is the owner of a publishing house that published a book – an autobiography by a […]

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The publication of photographs in a magazine of the residences of a former German Minister and the freedom of expression of the press.

JUDGMENT  Karl-Theodor zu Guttenberg v. Germany 18.07.2019 (no. 14047/16) see here SUMMARY  Publication of residence photos of the family of the former German Minister. The Cologne Court of Appeal ruled that this publication did not just satisfy the public’s curiosity about the privacy of the applicant politician and his family but was related to the issue […]

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The criminal conviction of the President of Turkey’s Human Rights Organisation for statements made on television violated his freedom of expression.

JUDGMENT Selahattin Demirtaş v. Turkey 09-07-2019 (n. 3) (αp. no.. 8732/11) see here  SUMMARY  Criminal conviction of the President of Turkey’s Human Rights Organization, Selahatin Demitras, for statements made on a television show. His statements urged the authorities and the public to consider the possible role of Abdullah Ocalan, a prisoner leader of the Kurdistan […]

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Strasbourg, the suspension of the plenary session of the Catalan Parliament and the freedom of assembly

JUDGMENT  Forcadell i Lluis and others v. Spain 28.05.2019  ( no. 75147/17) see here   SUMMARY  Suspension of the plenary session of the Catalan Parliament. Freedom of assembly. Suspension of law, ensuring public security and protection of the rights and freedoms of others. The applicants complained that the temporary suspension of the Parliament’s plenary session, ordered by the […]

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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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