Freedom of expression Archives

Civil liability of a history book author for defamatory comments. No violation of the presumption of innocence, nor the freedom of expression

Article 10
22/11/2021 19:48

JUDGMENT Marinoni v. Italy 18.11.2021 (app. no. 27801/12) see here SUMMARY The case concerned a finding of civil liability against the author of a book on account of two sets of remarks deemed by the Italian courts to be defamatory. The book included a reconstruction of the events preceding the summary execution of 43 captured […]

Imposition of disciplinary sanctions on a judicial officer, due to her critical public statements against judges and the government. Violation of her right to freedom of expression

Article 10
27/10/2021 07:35

JUDGMENT Miroslava Todorova v. Bulgaria 19.10.2021 (app. no. 40072/13) see here SUMMARY The case concerned two sets of disciplinary proceedings against the applicant, who had been a judge and the President of the Bulgarian Union of Judges at the relevant time. The Supreme Judicial Council (SJC) ordered a reduction of her salary, followed by her […]

Facebook posts against Erdogan! Criminal conviction due to a law that provided increased protection to the head of state. Violation of freedom of expression!

Article 10
20/10/2021 19:21

JUDGMENT Vedat Şorli v. Turkey 19.10.2021 (app. no. 42048/19) see here SUMMARY The sentencing of the applicant to a term of imprisonment – with delivery of the judgement suspended for five years – for insulting the President of the Republic, on account of two posts which he shared on his Facebook account. The content comprised, […]

Recognition of violation of freedom of expression in civil proceedings, without any award of compensation! Violation of Article 10 of the ECHR

Article 10
13/10/2021 19:02

JUDGMENT The Association of Investigative Reporters and Editorial Security of Moldova and Sanduța v. the Republic of Moldova 12.10.2021 (application no. 4358/19) see here SUMMARY The case concerned defamation proceedings brought against the applicants, an NGO and a journalist, for their article reporting on the Socialist Party of Moldova’s alleged financing by an offshore company […]

The national courts ordered a journalist to pay a small amount as moral damage. No violation of the freedom of expression

Article 10
26/09/2021 18:45

JUDGMENT Milosavljević v. Serbia 21.09.2021 (no. 2) (app. no. 47274/19) see here SUMMARY Freedom of expression, public figures and responsible journalism. Balancing the freedom of expression of the journalist and protecting the personality of the victim. The plaintiff was ordered by a court order to pay, together with two other defendants, to the administrator of […]

Fine for a TV interview about legalizing marijuana! Violation of freedom of expression!

Article 10
24/09/2021 18:56

JUDGMENT Ringier Axel Springer Slovakia, a.s. v. Slovakia 23.09.2021 (no. 4) (app. no. 26826/16) see here SUMMARY A famous singer allegedly expressed support for marijuana legalisation and the journalist allegedly appeared to agree with him resulting in the broadcaster being fined. The Court found in particular that the journalist had not intended to praise marijuana […]

Government’s preventing publication of Haykakan Zhamanak newspaper during state of emergency. Violation of freedom of expression and the right of access to court

Article 10
21/09/2021 14:20

JUDGMENT Dareskizb Ltd v. Armenia 21.09.2021 (app. no. 61737/08) see here SUMMARY Preventing the applicant company from publishing its newspaper, Haykakan Zhamanak, during a state of emergency following the 2008 presidential election in Armenia. The ECtHR found, in particular, that the restriction of the newspaper’s circulation had no other purpose than to limit criticism of […]

Politician fined in criminal proceedings for failing to act promptly by deleting comments from his public Facebook account inciting hatred: no violation of the Convention

Article 10
14/09/2021 18:18

JUDGMENT Sanchez v. France 02.0.2021 (app. no. 45581/15) see here SUMMARY The case concerned the criminal conviction of the applicant, at the time a local councillor who was standing for election to Parliament, for incitement to hatred or violence against a group of people or an individual on the grounds of their membership of a […]

The marginalization of a political union by political debates on a state run channel violated the freedom of expression

Article 10
08/09/2021 18:32

JUDGMENT Associazione Politica Nazionale Lista Marco Pannella v. Italy 31.08.2021 (app. no. 66984/14) see here SUMMARY A complaint from an Italian political union, represented in Parliament, that he had not been invited to participate in political debates scheduled during three major current affairs programs broadcast by the state-run broadcaster. The applicant association had complained to […]

Conviction of man for giving his three-year-old nephew a T-shirt, worn at nursery school, with the slogans “I am a bomb” and “Jihad, born on 11 September”: no violation of Article 10 of the Convention

Children
02/09/2021 19:33

JUDGMENT Ζ.Β. v. France 02.09.2021 (app. no. 46883/15) see here SUMMARY The conviction of Z.B. for glorification of wilful killing on account of slogans (“I am a bomb” and “Jihad, born on 11 September”) on a T-shirt he had given his nephew as a present for his third birthday. The boy had then worn the […]

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