Freedom of expression

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The criminal conviction for defamation through the press infringes the limits of freedom of expression

JUDGMENT Traustason and others v. Iceland  4-5-2017 (no. 44081/13) see here  SUMMARY Freedom of expression. Freedom of press. Judgment. Iceland. A criminal conviction for defamation due to a newspaper article about financial irregularities violates the right to freedom of expression and is not necessary in a democratic society. The ECtHR condemns Iceland. PROVISION Article 10 […]

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Limiting criticism to matters of public interest is a violation of the right to expression.

JUDGMENT OOO Izdatelskiy Tsentr Kvartirnyy Ryad v. Russia 25-04-2017 (no. 39748/05) see here  SUMMARY Freedom of expression. Press. A decision condemning a Russian newspaper for compensation for an article on the administration of a community was judged by the Court to have unjustifiably restrained its right to freedom of expression, since it contributed to a […]

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Disciplinary penalties for criticism and the right to freedom of expression

JUDGMENT Ana Ioniţă v.Roumania 21-03-2017 (no. 30655/09) see here  SUMMARY  Freedom of expression. The applicant is a notary and the National Union of Romanian Public Notaries has imposed a number of disciplinary sanctions against her.She disputed them arguing that they violated the freedom of expression. On television  she criticized the operation of UNNPR and the […]

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Abusive dismissal and the limits of the right of freedom of expression

JUDGMENT Marunić v. Croatia 28-3-2017 (no. 51706/11) see here  SUMMARY  Freedom of expression. Dismissal due to statements made by the employee to a newspaper. The applicant complained that she had been made dismissed due to her statements made in the media in violation of her right to freedom of expression. Although she was successful in […]

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Editor’s liability for defamation violated his right to freedom of expression

JUDGMENT Olafsson v. Iceland  16-3-2017 (no. 58493/13) see here  SUMMARY  The applicant, Mr Ólafsson, was an editor of the web-based media site Pressan. He published articles insinuating that a political candidate had committed sexual abuse against children. The Supreme Court of Iceland held Mr Ólafsson liable for defamation. He complained to the European Court of Human Rights […]

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Freedom of expression of a journalist and non-use of quotation marks for re-published text

JUDGMENT Milisavljević v. Serbia 04-04-2017 (no. 50123/06) see here  SUMMARY  Freedom of expression. Public person. Use of phrase without the use of quotation marks. Sentencing a journalist for a criminal offense was likely to prevent other journalists from contributing to public debate on issues that affect public life. The journalist had been convicted of using a […]

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The conviction for malicious accusations of a municipal councilor is a violation of freedom of expression.

JUDGMENT Athanasios Makris v. Greece (application no. 55135/10) 9.3.2017 see here  SUMMARY Defamation. Freedom of expression. The applicant was mayor of Salamis for 12 years and at the relevant time he was a municipal councilor and head of the opposition party “Unity”. The case concerned his criminal conviction about malicious accusations because of the falsification, […]

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The fair balance between the protection of privacy and freedom of expression

JUDGMENT Pihl v. Sweden (no. 74742/14) 9-3-2017 see here  SUMMARY Private life. Freedom of expression. Weighting in case of conflict of rights. A blog, which was run by a nonprofit organisation, published an article, accusing the applicant of participating in a Nazi organization. Nine days later and following a complaint by the applicant, the organisation erased  […]

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The request of the parents for their children to learn Kurdish in public schools, criminalizing actions not embodied in domestic law and the freedom of expression

JUDGMENT Döner  and Others v. Turkey (no. 29994/02) 07-03-2017 see here  SUMMARY  Teaching Kurds in public schools. Legality of detention. Freedom of expression. The applicants lived in Constantinople and sent their children to public primary schools. The case concerned the criminal prosecution against them for assisting and instigating the Kurdistan Workers’ Party (PKK), since the […]

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