Case Law: Burundi Journalist’s Union v Attorney-General of Burundi, A positive judgment in the midst of a crisis – Jonathan McCully

21 05 2015

East African Court of JusticeOn 15 May 2015, the East African Court of Justice (the “EACJ”) delivered its judgment in Burundi Journalists Union v. The Attorney General of the Republic of Burundi, in which it considered Law No.1/11 (the “Press Law”) regulating the press, film and broadcasting sectors in Burundi. Read the rest of this entry »





News: OPO v James Rhodes, Handown of judgment by Supreme Court, statements and news reports

20 05 2015

TJames Rhodes Supreme Courthe Supreme Court handed down judgment today in the case of OPO v James Rhodes ([2015] UKSC 32). The Court unanimously allowed the appeal by the defendant author from the grant of an injunction by the Court of Appeal ([2014] EWCA Civ 1277) to restrain the publication of a memoir, Instrumental.   Read the rest of this entry »





Case Law: OPO v James Rhodes (formerly MLA): Pianist’s book unbanned, no intention to cause distress – Dan Tench

20 05 2015

InstrumentalThe Supreme Court handed down today its judgment in OPO v MLA ([2015] UKSC 32), the case in which the Court of Appeal had – extraordinarily – granted an injunction to prevent the publication of a book solely on the ground that it might cause psychological harm to the author’s son. In a compelling and comprehensive judgment, the Supreme Court reversed the decision of the Court of Appeal and discharged the injunction. Read the rest of this entry »





Case Law: OPO v James Rhodes and Canongate, Injunction banning book publication discharged – Lucy Moorman

20 05 2015

RhodesIn its decision in OPO v. James Rhodes ([2015] UKSC 32), the Supreme Court has put the case of Wilkinson v. Downton firmly back in its box, not to be disposed of entirely, but certainly not to be used again against the those in the position of the defendants, the author and pianist James Rhodes and the publisher Canongate.   Read the rest of this entry »





Case Law, Strasbourg: Armellini v Austria, No violation of Article 10 in “football bribes” defamation case

12 05 2015

Casino_SW_BregenzIn the case of Armellini v Austria (Judgment of 16 April 2015) the First Section of the Court of Human Rights dismissed an Article 10 complaint by applicants who had been found guilty of defaming professional footballers by accusing them of taking bribes. The decision of the domestic court to convict the applicants of defamation was based on relevant and sufficient grounds and  properly balanced the Article 8 and Article 10 rights involved. Read the rest of this entry »





Case Law, Strasbourg: Morice v France, “A great victory for the whole legal profession” – Inger Høedt-Rasmussen and Dirk Voorhoof

7 05 2015

Olivier-MoriceThe Grand Chamber in its judgment of 23 April 2015 in the case of Morice v. France has overruled an earlier finding of non-violation of the right to freedom of expression of a lawyer (Chamber judgment Fifth Section, 11 July 2013 – available only in French). Read the rest of this entry »





Strasbourg, Grand Chamber Hearing: Can the right to freedom of expression justify the reporting about Monaco’s reigning monarch’s illegitimate child? – Dirk Voorhoof

20 04 2015

Prince AlbertOn 15 April 2015, the Grand Chamber of the ECtHR held a hearing in the case of Couderc and Hachette Filipacchi Associés v. France (App. no. 40454/07). The hearing is webcasted and can be viewed on the Court’s website, here. The case concerns the right of privacy and reputation of Monaco’s reigning monarch conflicting with the right to freedom of expression of the French magazine Paris-Match. Read the rest of this entry »








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