Case Law: Strasbourg, Hoon v United Kingdom, Geoff Hoon sting case fails in Strasbourg – David Hart QC

5 12 2014

Geoff HoonOn 13 November 2014, the Fourth Section published its decision in the case of Hoon v. United Kingdom. Most people’s political memories are short, but we may recall Geoff Hoon’s exquisite discomfiture when he was duped by a journalist, and then criticised by a Parliamentary Committee for his conduct in trying to drum up work.  Still piqued, he complained of his treatment to Strasbourg, but, as we shall see, to no avail. Read the rest of this entry »

Case Law, Strasbourg: Braun v Poland, The same Article 10 standards apply to everyone involved in public debate – Hugh Tomlinson QC

4 12 2014

Grzegorz BraunIn the case of Braun v Poland (Judgment of 4 November 2014), the Fourth Section of the Court of Human Rights found that the domestic courts had violated Article 10 by applying stricter standards to a commentator than were applied to journalists.  The same standards of “responsibillity” should be applied to all participants in general interest public debates. Read the rest of this entry »

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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The Dangerous Implications of the “Naked Rambler” Case: On FEMEN Activists and Throwing Paint on Atatürk Statues – Stijn Smet

21 11 2014

Femen PutinOn 28 October 2014, the European Court of Human Rights ruled that the numerous convictions of Mr. Stephen Peter Gough – better known as “the naked rambler” – for insisting on appearing naked in public at all times, did not violate Mr. Gough’s freedom of expression. Read the rest of this entry »

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, 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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