Journalists

Court decision to withdraw a statement that constituted a statement of facts regarding tax evasion by a public figure. Violation of freedom of expression

JUDGMENT Marcinkevičius v. Lithuania 15.11.2022 (app. no. 24919/20) see here SUMMARY The case concerned a court order issued to Mr Marcinkevičius to withdraw a statement – which the courts had found to constitute a statement of fact and to be defamatory – given in an interview to Delfi, a news website, about a co-founder of Vilniaus […]

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Inaccurate and unreliable publication of information about a government official without evidence. Condemnation of the newspaper to damages. Freedom of expression was not breached

JUDGMENT Khural and Zeynalov v. Azerbaijan 06.10.2022 (app. no. 55069/11) see here SUMMARY The case concerned the civil liability of the Khural newspaper for publishing defamatory statements about a well-known high-ranking government official. The Court noted in particular that, although the newspaper could claim to have a public “watchdog” function, reporting on issues of high […]

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Activists and Government critics are suing for comments against them in the media and online. The lawsuits were set aside by the prosecutor. No violation of freedom of expression

JUDGMENT Gaši and others v. Serbia 06.09.2022 (αρ. προσφ. 24738/19) see here SUMMARY The applicants are journalists and activists, often critical of the government. They claimed that there was a smear campaign against them in 2016 after they participated in protests against some demolitions and construction projects in Belgrade and about changes in the management […]

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Terrorist sentenced to18 months in prison for pro-terrorist radio comments. Violation of the freedom of expression due to the severity of the sentence imposed

JUDGMENT Rouillan  v. France 23.06.2022 (app. no. 28000/19) see here SUMMARY The case concerned the sentencing of Jean-Marc Rouillan, formerly a member of the terrorist group Action directe, to a term of 18 months’ imprisonment including a suspended portion of 10 months with probation, upon his conviction as an accessory to the offence of publicly […]

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Conviction of the editor-in-chief of a newspaper due to vulgar comments against a politician that had no real basis! No violation of the freedom of expression!

JUDGMENT Pretorian v. Romania 24.05.2022 (app. no.  45014/16) see here SUMMARY The case concerned a civil judgment against the applicant, editor-in-chief of a regional weekly newspaper, for publishing two articles in which he criticised a well-known local politician. Relying on Article 10 (freedom of expression) of the European Convention on Human Rights, the applicant alleged […]

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Prohibition to a newspaper to publish a photo with the caption “convicted neo-Nazi” 20 years after his conviction! No violation of the right to freedom of expression

JUDGMENT Mediengruppe Österreich GmbH v. Austria 26.04.2022 (app. no. 37713/18) see here SUMMARY Judicial prohibition on publishing a photo after a period of 20 years from a conviction with an accompanying text. Freedom of expression. A court ruling banned the applicant newspaper Mediengruppe Österreich GmbH from publishing an accompanying caption with the caption “convicted neo-Nazi” […]

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The recognition by a Constitutional Court of a violation of the right to freedom of expression and the award of adequate compensation is an effective remedy

JUDGMENT Wikimedia Foundation, Inc. v. Turkey 24.03.2022 (app. no. 25479/19) see here SUMMARY The case concerned a request by the Telecommunications and Information Technology Directorate for the removal of certain pages from the applicant’s website and the subsequent order blocking access to the entire website as it was not technically feasible to block only certain […]

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A court decision ordered the media to withdraw articles against a state body. Violation of the right freedom of expression

JUDGMENT OOO Memo v. Russia 15.03.2022 (app. no. 2840/10) see here SUMMARY The case concerned a civil defamation suit brought by the Volgograd Region Authority against a media company which OOO Memo owned. The Court found in particular that although civil defamation proceedings were open to private or public companies to protect their reputation in […]

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TV interview of a minor without the consent of her parents. The right to respect for privacy has been violated

JUDGMENT I.V.Ț. v. Romania 01.03.2022 (app. no. 35582/15) see here SUMMARY The case concerned a television interview a minor, without parental consent or adequate measures to protect her identity. The interview, which concerned the death of a schoolmate, had resulted in her being bullied and had caused her emotional stress. The Court found in particular […]

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Rejection of civil defamation suit, brought by shareholder of Tuzla Airport management company, did not breach Convention

JUDGMENT Regional Air Services S.R.L. and Ivașcu v. Romania 22.02.2022 (app. no. 76549/17 and 76756/17) see here SUMMARY The case concerned the rejection of a civil action that the applicants had brought for the protection of their reputation against a number of journalists, on account of statements made in 2014 during several television programmes and […]

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