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: 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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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 »

News: Jailed “internet research” contempt juror’s case goes to Strasbourg

4 12 2013

Attorney GeneralThe case of Theodora Dallas, the juror found to be in contempt of court after conducting online research, is now being considered by the European Court of Human Rights. She was found guilty of contempt and sentenced to 6 months imprisonment ([2012] EWHC 156 (Admin)). She subsequently applied to the Court of Human Rights which has now communicated the case to the UK government. Read the rest of this entry »

Case Law, Strasbourg: Österreichische Vereinigung zur Erhaltung v. Austria, NGO has Article 10 right to access documents – Hugh Tomlinson QC

29 11 2013

In a judgment handed down by the First Section on 28 November 2013 in the case of Österreichische Vereinigung zur Erhaltung, Stärkung und Schaffung eines wirtschaftlich gesunden land- und forstwirtschaftlichen Grundbesitzes v. Austria (application no. 39534/07), the Court of Human Rights has found a breach of an NGO’s Article 10 right to obtain information from a public authority. Read the rest of this entry »

Case Law, Strasbourg, Putitstin v Ukraine: court recognises claims for defamation of the dead – Hugh Tomlinson QC

22 11 2013

Death MatchIn the case of Putitstin v Ukraine (Judgment of 21 November 2013) the applicant complained of an article which, he said, defamed his dead father.  The Fifth Section accepted that the Article 8 of the Convention was engaged although the case failed on the facts because the applicant was only indirectly affected and the impact was remote. Read the rest of this entry »

Human Rights, Privacy and Surreptitious Photography – James Michael

21 11 2013

echrThe European Court of Human Rights has decided that it is a violation of the right to privacy if a country does not have a law prohibiting surreptitious photography of people. The ruling has serious implications for paparazzi, and would have been useful to Princess Diana.  A ready-made bill exists in the form of a draft published by the Law Commission for England and Wales in 1981. Read the rest of this entry »


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