Case Law, Strasbourg: Pentikäinen v. Finland, arrest, detention and prosecution of press photographer on a demonstration, no violation of Article 10 – Dirk Voorhoof

26 03 2014

photographing_policeIn the case of Pentikäinen v. Finland the European Court of Human Rights found that a Finnish press photographer’s conviction for disobeying the police while covering a demonstration did not breach his freedom of expression.

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Case Law, Northern Ireland: Conway v Sunday Newspapers, a vindication for investigative journalism – Olivia O’Kane

5 03 2014

brendan-conway-is-now-in-hidingOn 21 February 2014, the High Court in Belfast rejected an application by a convicted robber for an interim injunction in harassment, misuse of private information, malicious falsehood and libel. He also sought relief under Articles 2 and 3 of the European Convention.  All these applications were unsuccessful. Read the rest of this entry »

Lord Justice Laws, Miranda and the Democratic Justification for Expression – Jacob Rowbottom

24 02 2014

David Miranda 2The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. Read the rest of this entry »

Case Law: David Miranda v Secretary of State, Detention challenge dismissed – Rosalind English

20 02 2014

David MirandaIn the case of David Miranda v Secretary of State for the Home Department, the Commissioner of Police for the Metropolis and three interveners ([2014] EWHC 255 (Admin)) the High Court rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. Read the rest of this entry »

Hacked Off: How the Telegraph, Mail and Times have helped reduce press freedom in the UK – Evan Harris

19 02 2014

TimesTelegraph GuardianMail GuardianThe organisation Reporters Without Borders produces an annual World Press Freedom Index ranking pretty much every country in the world for the degree of freedom enjoyed by its press. Read the rest of this entry »

News: Court of Human Rights, Grand Chamber to hear Delfi case

18 02 2014

delfiIt has been announced [pdf] that the Grand Chamber of the European Court of Human Rights has agreed to hear the “internet comment” case of Delfi AS v Estonia. The case was referred to the Grand Chamber at the request of the applicant company after its claim was rejected by the First Section in a judgment given on 10 October 2013. Read the rest of this entry »

The Right to Freedom of Expression and Information under the European Human Rights System : Towards a more Transparent Democratic Society – Dirk Voorhoof

14 02 2014

ARCHITECTURE STOCKSome commentary on recent case law of the Strasbourg Court relating to freedom of expression, media and journalism might give the impression that the Court of Human Rights has lost direction. This impression would be misleading. Read the rest of this entry »

Case Law, Strasbourg: Lillo-Stenberg and Sæther v. Norway, “Paparazzi” photographs of wedding did not violate Article 8 – Hugh Tomlinson QC

9 02 2014

Lars_Lillo_Stenberg_og_Andrine_SaetherIn case of Lillo-Stenberg and Sæther v. Norway ([2014) ECHR 59) the Court of Human Rights held that the publication of long lens “paparazzi” photographs of a private wedding taken from a public place did not violate the privacy rights of the couple.  The Court held that the rejection of the couple’s claim by the majority of the Norwegian Supreme Court within the State’s “margin of appreciation” and that, as a result, there was no violation of Article 8. Read the rest of this entry »

Case Law, Strasbourg: Lavric v Romania, the Positive Obligation to Protect Reputation – Hugh Tomlinson QC

30 01 2014

romania-libera4Under the European Convention on Human Rights, States have obligations ensure the protection both the freedom of expression and of the reputation in their domestic law.  The dismissal by a domestic court of a defamation claim may be a breach of the positive obligation to protect the claimant’s reputation. The recent case of Lavric v. Romania ([2014] ECHR 44) provides a particularly striking example of such a breach.
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Anti-Semitism and Freedom of Expression: a balance must still be struck – Dirk Voorhoof and Hugh Tomlinson

28 01 2014

berlin-holocaust-memorial-500x312On 23 January 2014 the Council of Europe Commissioner for Human Rights, Nils Muižnieks, published a comment entitled “Europe still haunted by antisemitism”.  In it he expresses concern about the growth of antisemitism in Europe. Read the rest of this entry »


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