Case Law, Strasbourg: Matúz v. Hungary, Whisteblower protection for TV journalist – Dirk Voorhoof

27 11 2014

Whistleblower onlineThe recent judgment of the European Court of Human Rights in the case of Matúz v. Hungary again illustrates the need for strict scrutiny to keep up the standards of media freedom and the right of freedom of expression and information in European pluralistic democracies.   Read the rest of this entry »





Case Law, Strasbourg: Ion Cârstea v. Romania, Breach of positive obligation to protect the right to reputation – Hugh Tomlinson QC

25 11 2014

republicaIn the case of Ion Cârstea v. Romania (Judgment of 28 October 2014) the Third Section of the Court of Human Rights held that dismissal of the applicant’s domestic defamation proceedings was a violation of the positive Article 8 obligation to protect his right to reputation.

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Case Law, Strasbourg: Conviction of journalist for reporting about sex abuses violated Article 10 – Flutura Kusari and Dirk Voorhoof

13 11 2014

Iceland-DVIn Erla Hlynsdottir v. Iceland (No. 2), an Icelandic journalist had been convicted for defamation after reporting that the director of a Christian rehabilitation centre and his wife had been involved in sex games with patients of the centre. Read the rest of this entry »





Case Law: Various Claimants v MGN, Judge orders Mirror Group to give phone hacking “generic disclosure”

11 11 2014

Mirror GroupOn 28 October 2014.  Mr Justice Mann, the judge managing the Mirror Group phone hacking litigation, handed down a judgment dealing with the disclosure being sought by the claimants from MGN (Various Claimants v MGN [2014] EWHC 3655 (Ch)). He ordered MGN to give “generic disclosure” in relation to phone hacking – that is documents going to the general practices of phone hacking at Mirror Group newspapers. Read the rest of this entry »





Case Law, Strasbourg: Gough v United Kingdom, No violation of the Article 10 rights of the Naked Rambler – Hugh Tomlinson QC

1 11 2014

_61634359_45208169Stephen Gough, the so-called “Naked Rambler” has lost his Court of Human Rights application under Articles 10 and 8.  The Court held that his arrest, prosecution, conviction and imprisonment did not breach his rights to freedom of expression or respect for private life (Gough v United Kingdom, Judgment of 28 October 2014).  This is a long judgment in a difficult case.

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Case Law: Strasbourg, Stankiewicz v. Poland, Responsible public interest journalism protected by Article 10 – Hugh Tomlinson QC

28 10 2014

Rzeczpospolita_9-06-2010_paliwa_5-40In the case of Stankiewicz and Others v. Poland [2014] ECHR 1061, the Fourth Section of the Court of Human Rights held that there had been a violation of Article 10 where the domestic courts had found that an article about a demand for a bribe by a public official had breached the official’s rights.  This was a public interest story in relation to which the applicants had complied with the tenets of responsible journalism. Read the rest of this entry »





Case Law, Strasbourg: Firma EDV für Sie v Germany, Article 8, companies and the right to reputation – Hugh Tomlinson QC

9 10 2014

ARCHITECTURE STOCKThe decision in Firma EDV für Sie, EfS Elektronische Datenverarbeitung Dienstleistungs GmbH v Germany (App No, 32783/08, 2 September 2014) involved a consideration of the interesting question as to whether a company has a right to reputation under Article 8.  The Fifth Section of the Court proceeded on the basis that a company did have such rights. The application was, however, found to be inadmissible on the basis that a fair balance had been struck between Articles 8 and 10 by the domestic court. Read the rest of this entry »








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