Journalists

Freedom of expression is violated by the unlawful detention of a journalist during the performance of his duties. Detention is not compatible with the ECHR when there is no reasonable suspicion of guilt

JUDGMENT
Şık v. Turkey 24.11.2020 (app. no.  36493/17)
The case concerned the initial and continued pre-trial detention of the journalist Ahmet Şık, who
was suspected of disseminating propaganda in favour of organisations considered to be terrorist
organisations or of assisting them through articles and interviews published in the Turkish daily
newspaper Cumhuriyet and social media posts, all of which criticised government policy.
The Court held that Mr Şık could not be reasonably suspected, at the time of his placement in
detention, of having committed the offences of disseminating propaganda in favour of terrorist
organisations or assisting those organisations. In other words, the facts of the case did not support
the conclusion that a reasonable suspicion had existed against him. Accordingly, although imposed
under judicial supervision, the orders for Mr Şık’s initial and continued detention had been based on
mere suspicion.

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Journalist access to state archives. The revocation of his accreditation due to breach of personal data did not violate his freedom of expression

JUDGMENT Gafiuc v. Romania 15.10.2020 (app. no. 59174/13) see here  SUMMARY The case concerned the withdrawal of the accreditation granted to a journalist to study the archives of the Securitate in order to conduct research into sports activities under the communist regime. In June and July 2009 the journalist published several articles in which he […]

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φυλακές

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020  (app. no.  62775/14) see here  SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

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Conviction to compensation of a news site for publishing proven intoxication of a consumer with a soft drink, violated the freedom of expression

JUDGMENT OOO Regnum v. Russia 08.09.2020 (app. no. 22649/08) see here  SUMMARY Freedom of expression. Informing the public about public health issues from a news website. The applicant is an online news company. As part of its media duties to protect the public from potential health risks, it published three news regarding the poisoning of […]

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A newspaper wrote that the Governor must receive the highest mark for corruption. Convictions for large damages. Violation of freedom of expression

JUDGMENT Timakov and OOO ID Rubezh and Timakov v. Russia  08.09.2020 (app. no. 46232/10 and 74770/10) see here SUMMARY Freedom of expression. Journalist comment that the Governor must receive the highest mark for corruption. Right to a public hearing in a civil case. The journalist and his publishing house were obliged, following court decisions on […]

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Journalistic criticism of judges. The conviction of a journalist into payment of damages violated the freedom of expression. The criterion for the amount of compensation is the basic monthly salary.

JUDGMENT Tolmachev v. Russia 02.06.2020 (no. 42182/11) see here   SUMMARY Journalistic criticism of judges and freedom of expression. The awarded damages must take into account the financial situation of the defendant. The plaintiff is a journalist who, through three articles in a newspaper and magazine, criticized judges for their behavior and the way they acted. […]

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Suspension of of journalist’s parliamentary credentials violates the freedom of expression

JUDGMENT Mándli and others v. Hungary 26.05.2020 (no. 63164/16) see here SUMMARY The case concerned the suspension of the applicants’ Parliament accreditation as journalists. The Court found in particular that the applicants, journalists working for various media outlets, had been reporting on a matter of public interest – alleged illicit payments linked to the National […]

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Erotic videos coming from a hidden camera of a journalist with her partner on the internet. Description of her as ” Cicciolina” from a newspaper. Rejection of her lawsuit. Violation of her private life

JUDGMENT Khadija Ismayilova v. Azerbaijan 07.05.2020 (n.3)  (application no. 35283/14) see here SUMMARY The applicant is a well-known journalist. She writes mainly articles criticising the government for its policies. Erotic videos were posted on the internet with the journalist and her partner taken with a hidden camera. As a result of these videoa, a journalist […]

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Prohibition of discribing a political party as “far-right” on television violates the freedom of expression

JUDGMENT ATV Zrt v. Hungary 28.04.2020 (no. 61178/14) see here  SUMMARY Freedom of expression and journalism. The National Media and Information Authority has banned a television company from describing a political party as “far-right” as part of a news program, as national media law has barred any “opinion” from the news presenter. The TV company […]

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ECHRCaseLaw

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