Journalists

Activist journalist persecuted due to ‘fabricated’ accusations: The Court condemns many rights violations

JUDGMENT Khadija Ismayilova v. Azerbaijan  25.02.2020 (no.2) (application no. 30778/15) see here SUMMARY The case concerned the applicant’s complaint that she had been arrested and detained without a reasonable suspicion of an offence and her allegations that those acts were aimed at punishing her for her work as a journalist who was critical of the […]

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Publisher’s criminal conviction for hate speech did not violate freedom of expression

JUDGMENT Atamanchuk v. Russia  11.02.2020 (no. 4493/11) see here SUMMARY The case concerned a businessman’s conviction for inciting hatred and enmity following statements about non-Russians in an article published in a local newspaper. The Court found in particular that the applicant’s sweeping remarks had not contributed to any public debate and agreed with the national […]

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Conviction of journalist and publishing director for publishing an article on a journalist’s assassination violates the freedom of expression

JUDGMENT Magosso and Brindani v. Italy 16.01.2020 (no. 59347/11)  see here SUMMARY The case concerned the conviction for defamation of two applicants, a journalist and a publishing director, following the publication of an article concerning the murder of the journalist Walter Tobagi in 1980 by a terrorist group close to the Red Brigades. With regard […]

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In order to document responsible journalism, one must take into account in addition to the accurate and reliable information provided by journalist, his or her behavior. Irresponsible journalism is not covered by the protection of freedom of expression

JUDGMENT Zarubin and others v. Lithuania 19-12-2019 (no. 69111/17, 69112/17, 69113/17 and 69114/17) see here SUMMARY Protection of the public interest and freedom of expression. Deportation from Lithuania and a ban on the re-entry of four Russian journalists working for the Russian state broadcaster after their actions at a conference in Vilnius. The Court was […]

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The reasoned home investigation did not violate the right to privacy. Seizure of documents in order to conduct an investigation is a bearable restriction on the freedom of expression

JUDGMENT Man and others v. Romania 12.12.2019 (no.39273/07) see here SUMMARY The case originated in accusations against an investigative journalist, Liviu Aurel Man, and his team for operating a blackmailing network. The applicants, Mr Man, his wife and their media companies, brought multiple complaints under the Convention, essentially connected to the search-and-seizure operation at their […]

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Refusing journalist to take interviews and taking photographes at a reception center for asylum seekers violated freedom of expression.

JUDGMENT Szurovecz v. Hungary 8.10.2019 (no. 15428/16) see here SUMMARY  Media access to reception centers for asylum seekers and freedom of expression. Protection of journalistic research. The applicant, a news website reporter, complained about the authorities’ refusal to allow him to interview and take photos of the asylum seeker reception center, preventing him from recording […]

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The phrase “you are the most idiotic politician I know” is protected by the freedom of expression and constitutes political criticism.

JUDGMENT Antunes Emídio v. Portugal Soares Gomes da Cruz v. Portugal (no. 75637/13 and 8114/14) see here  SUMMARY Criticism of public figures with phrases such as “he is the most idiotic politician I know”, “only chickens were left”, “distinguished for his lack of character and honesty and his cowardice””. Conviction and imposition of a fine […]

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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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