Freedom of expression Archives

Pre trial detention of two journalists for publishing e-mails from a Minister that had already been leaked to Wikileaks. Violation of freedom of expression and personal freedom

Article 10
07/06/2021 19:01

JUDGMENT Öğreten and Kanaat v. Turkey 18.05.2021 (app. no. 42201/17 and 42212/17) see here SUMMARY The case concerned the detention (from December 2016 to December 2017) of two journalists for membership of terrorist organisations. Both journalists had published, in the press entities in which they worked, emails from the account of the then Turkish Energy […]

A verdict, which forced a journalist to compensate a public figure for writing that the latter attempted to rape a minor before being found guilty, did not violate the freedom of expression.

Article 10
27/05/2021 13:33

JUDGMENT Milosavljević v. Serbia 25.05.2021(app. no. 57574/14) see here SUMMARY Responsible journalism and freedom of expression. The applicant journalist, in a well-known magazine, published an article accusing a local council member of attempting to rape a minor Roma girl without any evidence and without prosecution be innitiated against the alleged rapist. The civil courts ordered […]

The strict disciplinary sanctions imposed by the Disciplinary Committee of the Football Federation on a member of a football team, a footballer and a referee for posting them on the internet violated the freedom of expression!

Article 10
25/05/2021 19:13

JUDGMENT Sedat Doğan v. Turkey (app. no. 48909/14), Naki and Amed Sportif Faaliyetler Kulübü Derneği v. Turkey (app. no. 48924/16) and Ibrahim Tokmak v. Turkey (app. no 54540/16) 18.05.2021 SUMMARY The three cases concerned sports sanctions and financial penalties imposed on the applicants by the Turkish Football Federation on account of statements to the media […]

The imposition of administrative fines for articles and polls published on the internet during the pre-election period violated freedom of expression

Article 10
22/05/2021 19:25

JUDGMENT OOO Informatsionnoye Agentstvo Tambov-Inform v. Russia 18.5.2021 (app. no 43351/12) see here SUMMARY The case concerned the publication of articles and an online poll on a website during an election campaign. Convictions followed, with the articles being classified, in particular, as “pre-election campaigning” in breach of the relevant Russian law. Concerning the prosecutions in […]

Journalists are not released from their duty to comply with the law, solely on the basis that Article 10 of the Convention afforded them protection!

Article 10
21/05/2021 19:08

JUDGMENT Amaghlobeli and others v. Georgia 20.05.2021 (app. no. 41192/11) see here SUMMARY The case concerned the scope of journalistic freedom to engage in news-gathering activities in the customs-control zone of a border checkpoint. Two of the applicants had entered such a zone, had interviewed travellers and taken photographs, and had refused to leave when […]

The criminal conviction for publishing a “mocking documentary” online for inciting violence against foreign nationalities, did not violate the freedom of expression! Cassation-instance proceedings in camera. Violation of the right to be heard

Article 10
17/05/2021 19:46

JUDGMENT Kilin v. Russia 11.05.2021 (app. no. 10271/12) see here SUMMARY Freedom of expression and the internet. Online publication of a “mocking documentary” aimed at inciting violence against foreign nationalities. Right to be heard. Court of Appeal proceedings in camera. Criminal conviction for uploading and sharing content via the internet on a small social networking […]

Conviction of a whistleblower who disclosed tax documents: no violation of the Convention

Article 10
13/05/2021 19:11

JUDGMENT Halet v. Lyxembourg 11.5.2021 (app. no. 21884/18) see here SUMMARY The case concerned Mr Halet’s criminal conviction in the “Luxleaks” case for disclosing tax documents concerning some of his employer’s clients. The Luxembourg courts did not accept whistleblowing as justification for Mr Halet’s actions, taking the view that the disclosure of the documents, which […]

Prohibition of dissemination of parliamentary investigation information on corruption! Violation of freedom of expression

Article 10
07/05/2021 19:35

JUDGMENT Akdeniz and others v. Turkey 04.05.2021 (app. no. 41139/15 and 41146/15) see here SUMMARY The concerned an interim injunction ordered by the domestic courts banning the dissemination and publication (on any medium) of information on a parliamentary inquiry into allegations of corruption against four former ministers, which had been instigated following an operation conducted […]

Criminal prosecution of a member of parliament for her political views after the revocation of parliamentary immunity. Violation of freedom of expression

Article 10
06/05/2021 19:01

JUDGMENT Kerestecioğlu Demir v. Turkey 04.05.2021 (app. no. 68136/16) see here SUMMARY The case concerned the withdrawal of parliamentary immunity from the applicant, an elected member of the Turkish National Assembly, a decision which in her submission was the result of her political opinions. She also complained of a violation of her right to freedom […]

Imposition of penalties for displaying local flags by an MEP! The convictions did not examine the facts in depth and did not have sufficient reasoning. Violation of the procedural aspect of the right to freedom of expression

Article 10
27/04/2021 14:54

JUDGMENT Tőkés v. Romania 27.04.2021 (app. no. 15976/16 and 50461/17) see here SUMMARY The case concerned a Romanian national, László Tőkés, who belongs to the Hungarian minority in Romania and who was elected as a member of the European Parliament in respect of Hungary. The Romanian authorities imposed sanctions on Mr Tőkés for flying the […]

Freedom of expression