Case Law: Kennedy v Charity Commission, Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – David Hart QC

31 03 2014

news-graphics-2007-_637463aIn the case of Kennedy v Chairty Commission ([2014] UKSC 20), in judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000. Read the rest of this entry »





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 »





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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Case Law, Strasbourg: Vilnes v Norway, extension of the Article 8 right to information on health risks – Lieselot Verdonck

29 01 2014

european_court_of_human_rightsOver the years, the European Court of Human Rights has gradually built its jurisprudence according to which Article 8 grants a right to access to information for individuals exposed to health risks caused by polluting industrial activities. Read the rest of this entry »





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 »





Privacy and Defamation, Strasbourg blurs the boundaries – Hugh Tomlinson QC

23 01 2014

ARCHITECTURE STOCKIt is now clearly established in the case law of the Court of Human Rights that Article 8 protects the “right to reputation” as an aspect of private life. This is a relatively new idea, first appearing the case law as recently as 2004 (see Chauvy v France [70]). Read the rest of this entry »








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