Comity for the Internet? Recent Court Decisions on the right to be de-indexed – Agnes Callamard

26 08 2015

remove-google-search-historyOne of the most impactful events in global free expression jurisprudence development in 2014 was the the European Court of Justice Google Spain SL, Google v Agencia Espanola de Proteccion (2014) (“González”) decision by on the so-called “right to be forgotten”, more accurately referred to as the “right to be de-indexed”. Read the rest of this entry »

Case Law, Strasbourg: Morar v Romania, Criminal defamation and journalistic bad faith – Joseph Williams

1 08 2015

academia-catavencu-ultimul-numar-fondatoriiOn 7 July 2015, the Third Section of the European Court of Human Rights handed down a judgment in Morar v Romania ([2015] ECHR 668)(available only in French), ruling that a domestic court’s finding of criminal defamation against a journalist violated Article 10 principles on freedom of expression. Unfortunately, the court failed properly to engage with the issue of journalistic bad faith.  Read the rest of this entry »

Case Law: ZYT v Associated, Tipping the balance, when is it in the public interest to take a look at a “private” relationship? – Kathy May

25 07 2015

Silhouete CoupleThe case of ZYT and another v Associated Newspapers Ltd  ([2015] EWHC 1162 (QB)) was (what is now) a comparatively rare example of an injunction being sought and granted in a privacy claim against a newspaper. Read the rest of this entry »

Case Law, Strasbourg: Peruzzi v Italy, Criminal defamation is OK as long as it concerns judges – Joseph Williams

18 07 2015

260px-Consiglio_Superiore_della_MagistraturaIn the Chamber judgment in Peruzzi v Italy ([2015] ECHR 629, only in French) handed down on 30 June 2015, the Court of Human Rights dismissed an application under Article 10 by a lawyer who had been convicted of criminal defamation of a judge.  The decision is a surprising and retrograde one in the light of the recent Grand Chamber decision in Morice v France (see the Inforrm case comment). Read the rest of this entry »

European Centre for Press and Media Freedom founded in Leipzig

26 06 2015

Schermafbeelding 2015-06-25 om 14.10.51On 25 June 2016, representatives of 20 journalists associations, publishing houses, academic institutions, trade unions and media rights experts from many European countries founded the European Centre for Press and Media Freedom (ECPMF) Read the rest of this entry »

Columbia University Launches Online Global Database of Case Law on Freedom of Expression

25 06 2015

Screen_Shot_2015-06-18_at_1_12_07_PMColumbia University has launched an online global database of freedom of expression case law and court rulings. The novel platform developed by Columbia Global Freedom of Expression currently includes some 250 rulings from 65 nations and will be updated and expanded with relevant judicial decisions on a weekly basis. The database is available free to the general public. Read the rest of this entry »

On Delfi v Estonia… Is it time to adopt a good-Samaritan style exemption? – Sophie Stalla-Bourdillon

24 06 2015

consentThe Grand Chamber of the European Court of Human Rights (ECtHR) recently upheld the decision of the First section in the case Delfi v Estonia, which in 2013 found that holding a news portal liable for the third-party comments posted on its Internet news portal did not amount to a violation of Article 10 of the European Convention on Human Rights (ECHR). Given that we asked in an earlier post whether a passive and neutral intermediary could also be a data controller, it is interesting to have a look at the Delfi case to better grasp what a passive and neutral intermediary is or could be. Read the rest of this entry »


Get every new post delivered to your Inbox.

Join 4,430 other followers