News: Supreme Court dismisses claimant’s appeal in PNM v Times Newspapers case

19 07 2017

In a judgment handed down today ([2017] UKSC 49) the UK Supreme Court, by a majority of 5:2, dismissed the appeal of the claimant from the refusal of Tugendhat J and the Court of Appeal to grant an injunction to prevent his name being disclosed in connection with a criminal investigation. Read the rest of this entry »





Case Law, Strasbourg: Medžlis Islamske Zajednice Brčko v. Bosnia and Herzegovina, “Political defamation” and public servants’ reputational rights – Alex Bailin QC and Jessica Jones

11 07 2017

In Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina ([2017] ECHR 608)  the Grand Chamber of the ECtHR found by an 11-6 majority that there was no violation of Article 10 in findings of defamation by the national courts in relation to a public servant’s right to reputation. Read the rest of this entry »





Case Law, Strasbourg: Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland, No journalism exception for massive exposure of personal taxation data – Dirk Voorhoof

6 07 2017

After long proceedings at national level, a preliminary ruling by the CJEU on 16 December 2008 (Case C-73/07), and after the Court of Human Rights Chamber judgment of 21 July 2015, the Grand Chamber on 27 June 2017 finally found no violation of the right to freedom of expression and information in Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland. Read the rest of this entry »





Case Law, Strasbourg: Independent Newspapers v. Ireland: €1.25 million defamation award against newspaper violated Article 10 – Ronan Ó Fathaigh

25 06 2017

The European Court’s Fifth Section has unanimously held that a damages award made against an Irish newspaper for defamation violated the right to freedom of expression, under Article 10 of the European Convention. While the judgment in Independent Newspapers v. Ireland concerned Irish defamation law prior to reforms brought about in 2009, it is still significant for signalling to Irish courts that unpredictably high damages have a “chilling effect,” and require the “most careful scrutiny” and “very strong justification.” Read the rest of this entry »





Case Law, Strasbourg: Bayev v Russia: Legislation banning the promotion of homosexuality violates Articles 10 and 14 – Kirsten Sjøvoll

23 06 2017

In a judgment in the case of Bayev v Russia ([2017] ECHR 572) handed down on 20 June 2017, the Third Section of  European Court of Human Rights found – by six votes to one –  that the so-called Russian “gay-propaganda law” banning the promotion of homosexuality violated both Article 10 and Article 14 of the Convention. Read the rest of this entry »





News: Privacy injunction claim against Channel 4 dismissed – Media Lawyer

22 06 2017

On 15 June 2017, a man who featured in a short sequence in a Channel 4 documentary about a grassroots movement to stop bailiffs evicting people from their homes failed in a bid to get a last-minute court order to block transmission of the programme. Read the rest of this entry »





Case Law, Strasbourg: Arnarson v Iceland, No violation of Article 10 when public interest journalism is unverified – Hugh Tomlinson QC

14 06 2017

In the case of Arnason v Iceland ([2017] ECHR 530) the First Section of the Court of Human Rights applying the Axel Springer criteria for balancing Articles 8 and 10, held that a domestic defamation judgment arising out of a publication which made an accusation of fraud did not violate Article 10. Read the rest of this entry »