Case Law: V v Associated Newspapers Ltd and Ors, Court of Protection orders continued reporting restrictions after death – Rosalind English

28 04 2016

kidney_dialysisIn the case of V v Associated Newspapers Ltd ([2016] EWCOP 21) the Court of Protection ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death. Read the rest of this entry »





Policy Debates over EU Platform Liability Laws: New Human Rights Case Law in the Real World – Daphne Keller

24 04 2016

European-Court-of-Human-RightsThis is the last of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about the comments. Those rulings effectively required platforms to monitor and delete users’ online expression in order to avoid liability. Read the rest of this entry »





Litigating Platform Liability in Europe: New Human Rights Case Law in the Real World – Daphne Keller

22 04 2016

internetThis is the third of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about them. Read the rest of this entry »





Policing online comments in Europe: New Human Rights Case in the Real World – Daphne Keller

21 04 2016

ARCHITECTURE STOCKThis is the second of four posts on real-world consequences of the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. Both cases arose from national court rulings that effectively required online news portals to monitor users’ speech in comment forums. Read the rest of this entry »





New Intermediary Liability from the Court of Human Rights, What will they mean in the real world? – Daphne Keller

19 04 2016

DelfiLast summer, the Grand Chamber of the European Court of Human Rights (ECHR) delivered a serious setback to free expression on the Internet. The Court held, in Delfi v. Estonia, that a government could compel a news site to monitor its users’ online comments about articles. Read the rest of this entry »





Case Law, Strasbourg: Bédat v. Switzerland, The conviction of journalist not a violation of Article 10, the Grand Chamber strikes again – Dirk Voorhoof

10 04 2016

European-Court-of-Human-RightsIt has become common knowledge amongst “Strasbourg observers” that the Grand Chamber of the European Court of Human Rights doesn’t have the best reputation in terms of guaranteeing the right of freedom of expression and information. In earlier cases such as in Perna v. Italy, Pedersen & Baadsgaard v. Denmark, Lindon, Otchakovsky-Laurens & July v. France, Stoll v. Switzerland, Palomo Sánchez v. Spain, Animal Defenders International v. United Kingdom, Mouvement Raeliën Suisse v. Switzerland and more recently in Delfi AS v. Estonia and Pentikäinen v. Finland the Grand Chamber’s findings of a non-violation of Article 10 were highly controversial.

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Case Law, Strasbourg: Sousa Goucha v. Portugal, Failure to prosecute homophobic “joke” not a breach of Article 8 – Hugh Tomlinson QC

3 04 2016

manuel-luis-gouchaIn the case of Sousa Goucha v Portugal ([2016] ECHR 284) the Fourth Section of the European Court of Human Rights held that the dismissal of a domestic defamation action by a gay television presenter was not a breach of his Article 8 right to reputation or of the prohibition of discrimination in Article 14.  The Court deferred to the reasoning of the domestic court that a “joke” suggesting that the applicant was female was not defamatory. Read the rest of this entry »








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