Case Law, Strasbourg: Kurski v. Poland: Ordering politician to publish apology for defaming Polish newspaper violated Article 10 – Ronan Ó Fathaigh

16 07 2016

gw 20130124-covThe European Court’s Fourth Section has held that a successful civil action by a newspaper against a Polish politician for alleging the newspaper had an “agreement” with an oil corporation to finance the newspaper’s “mass propaganda” against his political party, violated the politician’s freedom of expression. The opinion in Kurski v. Poland dealt with the unusual, but not rare, situation when a newspaper launches defamation proceedings against a politician for damaging its reputation, and the broader issue of ordering publication of apologies. Read the rest of this entry »





Case Law, Strasbourg: Salihu v. Sweden, Criminal conviction for purchasing illegal firearm as a form of ‘check it out’ journalism upheld – Dirk Voorhoof and Daniel Simons

6 07 2016

ExpressenInvestigative journalism sometimes operates at the limits of the law. This is especially true of what could be called ‘check it out’ journalism: reporting in which a journalist tests how effective a law or procedure is by attempting to circumvent it. A recent decision shows that those who commit (minor) offences during this type of newsgathering activity cannot count on (major) support from the European Court of Human Rights (ECtHR). Read the rest of this entry »





Case Law: CA and others v NGN, EAT examines the effect of restricted reporting order following withdrawal of a claim – Rob Armstrong

11 06 2016

employment-appeals-tribunalAn employment tribunal may make an order preventing or restricting the public disclosure of any aspect of proceedings so far as it considers necessary in the interests of justice in order to protect the rights of relevant individuals under the European Convention on Human Rights – in the case below, the right to respect for private and family life. Read the rest of this entry »





Case Law: R (Ben-Dor) v The University of Southampton: Censorship or justified Concern? – Dominic Ruck Keene

29 05 2016

southampton_1912501bIn the case of R(Ben-Dor & Ors) v The University of Southampton [2016] EWHC 953 (Admin)) Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. Read the rest of this entry »





Case Comment: PJS v NGN, Supreme Court restores interim injunction in landmark privacy case – Sara Mansoori and Aidan Wills.

26 05 2016

Supreme CourtOn 19 May 2016, the Supreme Court handed down its judgment in PJS v News Group Newspapers Ltd [2016] UKSC 26. This much-discussed privacy action brought by a celebrity has generated renewed debate on privacy injunctions. Read the rest of this entry »





Case Law: Power Places Tours v Free Spirit, US residents obtain injunction to prevent online harassment – Iona Millership

14 05 2016

ppt_logo3_full (1)The High Court has granted injunctions to US claimants in relation to two closely related applications. The case (Power Places Tours Inc and others v Free Spirit and another) is unusual as one of the injunctions granted was to protect US residents from being harassed online by an individual, notwithstanding that they did not appear to have any special connection to the jurisdiction or to have suffered any detriment within it. Read the rest of this entry »





Case Law, Strasbourg: Bédat v Switzerland, Conviction and fine for a public interest article based on confidential criminal documents did not breach Article 10 – Calypso Blaj

7 05 2016

IllustreIn the case of Bédat v Switzerland  ([2016] ECHR 313) the Grand Chamber overturned the Chamber’s decision and reached the surprising conclusion that the conviction and fine imposed on the applicant journalist for publishing a public interest story containing information covered by the secrecy of criminal investigations did not constitute a violation of his Article 10 rights. Read the rest of this entry »