Freedom of expression

Failure to examine the defendant’s arguments for the credibility of the evidence on which her conviction for a speech was based violated freedom of expression

JUDGMENT Hatice Çoban v. Turkey 29.10.2019 (no.  36226/11) see here  SUMMARY  The case concerned Ms Çoban’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of a speech she had given. The Court reiterated that the fairness of proceedings and the procedural guarantees afforded were factors to be taken into account […]

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Freedom of expression also protects articles about professional matters that are not of public interest

JUDGMENT Herbai v. Hungary 05.11.2019 (no. 11608/15) see here SUMMARY  Web site articles for professionals and freedom of expression. Dismissal of the applicant from his job in the Human Resources Department due to his article on a website dealing with human resources issues. The Court found in particular that the national courts had not sufficiently […]

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Failure to examine defendant’s arguments for the credibility of the evidence on which her conviction for a speech was based violated the freedom of expression

JUDGMENT Hatice Çoban v. Turkey 29.10.2019 (no. 36226/11) see here SUMMARY The case concerned Ms Çoban’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of a speech she had given. The Court reiterated that the fairness of proceedings and the procedural guarantees afforded were factors to be taken into account […]

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Criticism of judges by lawyers and conviction of lawyers in the payment of damages. Violation of lawyers’ freedom of expression and protection of the legal function.

JUDGMENT L.P. and Carvalho v. Portugal 08.10.2019 (no. 24845/13 and 49103/15) see here SUMMARY  Criticism of judges by lawyers representing their clients. Lawsuits against lawyers. Freedom of expression for lawyers to defend the interests of their clients and the protection of judges and the judiciary. The case concerned findings of liability against two lawyers for […]

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Refusing journalist to take interviews and taking photographes at a reception center for asylum seekers violated freedom of expression.

JUDGMENT Szurovecz v. Hungary 8.10.2019 (no. 15428/16) see here SUMMARY  Media access to reception centers for asylum seekers and freedom of expression. Protection of journalistic research. The applicant, a news website reporter, complained about the authorities’ refusal to allow him to interview and take photos of the asylum seeker reception center, preventing him from recording […]

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The Holocaust denial is not protected by the ECHR.

JUDGMENT Pastörs v. Germany 3-10-2019( no. 55225/14) see here SUMMARY The case concerned the conviction of a Land deputy for denying the Holocaust during a speech in the regional Parliament. The Court found in particular that the applicant had intentionally stated untruths to defame Jews. Such statements could not attract the protection for freedom of […]

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The phrase “you are the most idiotic politician I know” is protected by the freedom of expression and constitutes political criticism.

JUDGMENT Antunes Emídio v. Portugal Soares Gomes da Cruz v. Portugal (no. 75637/13 and 8114/14) see here  SUMMARY Criticism of public figures with phrases such as “he is the most idiotic politician I know”, “only chickens were left”, “distinguished for his lack of character and honesty and his cowardice””. Conviction and imposition of a fine […]

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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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