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 »





Case Law, India: Shreya Singhal v Union of India: Law on offensive communications ruled unconstitutional – Jonathan McCully

3 04 2015

SupremeCourtIndia1On 24 March 2015, the Supreme Court of India ruled on the constitutionality of various provisions in India’s Information Technology Act 2000 in Shreya Singhal v Union of India W.P. (Crim.) No 167 of 2012. Most notably, the Supreme Court held that India’s law on offensive communications was unconstitutional as it was liable to be used in a way that would unnecessarily curb freedom of speech and expression. Read the rest of this entry »





Case Law, Strasbourg: Almeida Leitão Bento Fernandes v. Portugal, No violation of Article 10 in ‘roman à clef’ case – Hugh Tomlinson QC

27 03 2015

Torre de MoncorvoIn the case of Almeida Leitão Bento Fernandes v. Portugal (Judgment of 12 March 2015)(available only in French), the First Section of the Court of Human Rights held that the a libel conviction and award of damages against an author whose novel was held to have libelled members of her husband’s family did not violate Article 10. Read the rest of this entry »





Lee Kuan Yew and freedom of expression: the libel action as a means of silencing political opposition – Tessa Evans

26 03 2015

Lee Kuan YewLee Kuan Yew, Singapore’s prime minister of 31 years and the man credited with turning the city-state into one of Asia’s most prosperous countries, died last week at the age of 91. Read the rest of this entry »





Case Law, Strasbourg: Haldimann v Switzerland, Court vindicates hidden camera’s role in watchdog journalism – Flutura Kusari and Nani Jansen

19 03 2015

ARCHITECTURE STOCKIn the case of Haldimann and Others v. Switzerland, published on 24 February 2015, the European Court of Human Rights (the “ECtHR”) backed the investigative methods of four Swiss journalists who had used hidden cameras to expose the malpractice of insurance brokers. Read the rest of this entry »





Case Law, Strasbourg: Haldimann v Switzerland, Conviction for secret filming breached Article 10 – Hugh Tomlinson QC

6 03 2015

kassensturz-emblemIn the case of Haldimann v Switzerland (Judgment of 24 February 2015, available only in French), the Second Section held that the conviction of four journalists for having recorded and broadcast an interview of a private insurance broker using a hidden camera was a breach of their Article 10 rights.  Although the case has been hailed as a “breakthrough for investigative journalism” it was, in reality, a fact sensitive decision from which no general conclusions can be drawn. Read the rest of this entry »





The Prince, his mistress and his lovechild: a feminist perspective on Couderc and Hachette Filipacchi Associés v. France – Nani Jansen

25 02 2015

albert10_thumbMale celebrity has affair with woman. Woman shares story with public. Woman’s version of events gets shut down by the courts. The end. It is an all too familiar story that seems to repeat itself over and over again. When it comes to information disclosing the infidelity of powerful men, national courts have often been more than helpful in expeditiously securing the silence of the women involved in such affairs, accrediting more weight to the man’s claims of privacy, than the woman’s right to tell the tale of what was ultimately her affair as well. Read the rest of this entry »








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