Case Law, Strasbourg: Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary, Intermediary liability (again) – Jonathan McCully

7 02 2016

mte-logo-nagyobbOn 2 February 2016, the Fourth Section of European Court of Human Rights handed down its judgment on intermediary liability in Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary (Application No. 22947/13)([2016] ECHR 135). The judgment attempts to clarify the Grand Chamber’s findings in Delfi v. Estonia, whilst distinguishing that case on the basis that it involved “clearly unlawful speech” amounting to hate speech and incitement to violence. However, did the Court go far enough to protect free speech online? Read the rest of this entry »





News: Daily Mail loses Human Rights Act challenge to CFA success fees and insurance premiums

5 02 2016

Daily_Mail_clock,_closeupIn a judgment delivered at the High Court today in the case of Miller v Associated Newspapers, Mr Justice Mitting rejected a Human Rights Act challenge to recoverable success fees and ATE insurance premiums brought by the Daily Mail.  However, he granted a certificate for a “leapfrog” appeal direct to the Supreme Court.  Read the rest of this entry »





Case Law, R (Miranda) v Secretary of State for the Home Department, Stop Powers under Terrorism Act incompatible with Article 10 – David Scott

27 01 2016

David Miranda 2On 19 January 2016 the Court of Appeal handed down judgment in R (on application of Miranda) v Secretary of State for the Home Department ([2016] EWCA Civ 6).  The case concerned David Miranda’s detention under the Terrorism Act 2000.  While upholding the lawfulness  of the detention in the immediate case, ruled that the stop powers under Schedule 7 of the Terrorism Act lack sufficient legal safeguards to be in line with Article 10. Read the rest of this entry »





South Africa: Review of 2015, Sanral and SAA cases gave weight to media freedom – Dario Milo

14 01 2016

South AfricaLAST year was in some respects an annus horribilis for our young democracy. It began with the State of the Nation controversy in February, when members of the Economic Freedom Fighters (EFF) were removed forcibly from Parliament for persisting in asking when President Jacob Zuma would pay back the state funds spent on upgrading his homestead at Nkandla. Read the rest of this entry »





Case Law, Strasbourg: Cengiz and Others v. Turkey: a tentative victory for freedom of expression online – Marina van Riel

10 01 2016

You Tube BlockOn 1 December 2015, the European Court of Human Rights released a judgment in the case of Cengiz and Others v. Turkey. The main question put before the Court was whether the blocking of the popular video-sharing website YouTube constituted a violation of users’ Convention rights. Having first established the victim status of the applicants, the Court went on to find a violation of their right to receive and impart information under Article 10 ECHR. Read the rest of this entry »





News: Gambian criminal laws challenged in Court of Justice of Economic Community of West African States

11 12 2015

EcowasOn Monday 7 December 2015, the Federation of African Journalists (FAJ) and three exiled Gambian reporters filed a legal claim against The Gambia to challenge the pervasive culture of persecution, violence, and injustice towards journalists in The Gambia. The applicants argue that their right to freedom of expression has been violated, including through the use of criminal laws that prohibit criticism to be made of the government. Read the rest of this entry »





Intermediaries and Free Expression Under the GDPR, in Summary – Daphne Keller

10 12 2015

data_protection (1)Europe’s pending General Data Protection Regulation (GDPR) threatens free expression and access to information on the Internet.  The threat comes from erasure requirements that work in ways the drafters may not have intended — and that are not necessary to achieve the Regulation’s data protection purposes. Read the rest of this entry »








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