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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Defamation proceedings of a judge against a newspaper. Lack of impartiality and violation of the freedom of expression regarding the condamnation of the newspaper

JUDGMENT  Editorial Board of Grivna Newspaper v. Ukraine  16.04.2019 (no. 41214/08 and 49440/08) see here SUMMARY  Defamation proceedings of judge against in a newspaper for two articles referring to him. References to corruption complaints against him and presentation of photographs, one of which showed  him in formal dress and brought the caption: “I will compensate […]

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The systematic prosecution of a newspaper owner for the publication of statements by leaders of “terrorist” organizations violated freedom of expression.

JUDGMENT Ali Gürbüz v. Turkey  12-3-2019 (no. 52497/08, 6741/12, 7110/12, 15056/12, 15057/12 and 15059/12) see here   SUMMARY The case concerned seven sets of criminal proceedings brought against Mr Gürbüz for publishing, in his daily newspaper Ülkede Özgür Gündem, statements by the leaders of organisations characterised as terrorist under Turkish law. He was acquitted after proceedings […]

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The sentencing of a newspaper editor to a prison sentence for defamation of a judge was “manifestly disproportionate” by violating freedom of expression

JUDGMENT Sallusti v. Italy  07.03.2019 (no. 22350/13) see here SUMMARY Prison sentence of a famous Italian editor-in-chief of for articles published in his newspaper. The national courts found that these articles had falsely reported that a 13-year-old girl had been forced to perform an abortion by her parents and the custodian judge, despite the earlier […]

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The unjustified provisional detention of a journalist violated his right to freedom and security.

JUDGMENT Haziyev v. Azerbaijan 6.12.2018 (no. 19842/15) see here SUMMARY  The case concerned the detention of an Azerbaijani journalist and opposition activist following an altercation in the street. He was arrested in August 2014 and held in detention pending trial until his conviction for hooliganism in January 2015.The European Court of Human Rights held, unanimously, […]

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Court condemns libel verdict against a Hungarian media company, stresses importance of hyperlinks on Internet

JUDGMENT  Magyar Jeti Zrt v. Hungary  4.12.2018 (no. 11257/16) see here SUMMARY  The case concerned the applicant company being found liable for posting a hyperlink to an interview on YouTube which was later found to contain defamatory content. The Court underscored the importance of hyperlinking for the smooth operation of the Internet and distinguished the use […]

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Criticism in the press of political figures, convictions for damages and freedom of expression

JUDGMENT Fedchenko v. Russia (no. 3) 02.10.2018 (no. 7972/09) Fedchenko v. Russia (no. 4) 02.10.2018 (no. 17221/13) Fedchenko v. Russia (no. 5) 02.10.2018 (no. 17229/13). SUMMARY Critical publications regarding the behavior of political figures (use of state-owned cars for private purposes, ownership fraud, favoritism of a shopping center owner) and freedom of expression. Sentencing a journalist for […]

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UK mass interception and surveillance in the light of the ECHR

JUDGMENT  Big Brother Watch and others v. The United Kingdom 13.09.2018 (no. 58170/13, 62322/14 and 24960/15) see here   SUMMARY Complaints by journalists and human rights organizations regarding the massive monitoring of their communications, the exchange of information with foreign governments and the acquisition of communications data by communications service providers. Inadequate supervision of the choice […]

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ελευθερία της έκφρασης

The criminal punishment of a book publisher on the disappearance of a journalist and the freedom of expression

JUDGMENT  Fatih Taş v. Turkey 04.09.2018 (no. 6810/09) see here   SUMMARY Criminal conviction of a publisher of a book on public denigration of the Republic of Turkey because he criticized the authorities and claimed that a journalist had been kidnapped by state guards. The ECtHR has condemned Turkey for violating freedom of expression because […]

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