Case Law, Strasbourg: Rubio Dosamantes v Spain, TV discussions of singer’s sexuality and relationship breached Article 8 – Hugh Tomlinson QC

22 02 2017

The Court of Human Rights has held that the fact that singer was well known to the public and been the subject of well publicised rumours about her sexuality did not justify the broadcast of interviews about her relationships and sexuality. In the case of Rubio Dosamantes v Spain (Judgment of 21 February 2017)(in French only) the Third Section held that the dismissal of the applicant’s domestic claims was a breach of her Article 8 rights. Read the rest of this entry »





Case Law, Strasbourg: Selmani and Ors v. The Former Yugoslav Republic of Macedonia: influential judgment on press galleries and parliamentary reporting – Jonathan McCully

15 02 2017

selmaniOn 9 February 2017, the European Court of Human Rights handed down an important judgment in Selmani and Ors v. The Former Yugoslav Republic of Macedonia (Application No. 67259/14), a case that considers the forcible removal of journalists from a parliamentary press gallery. Read the rest of this entry »





Case Law, Strasbourg: Kapsis v Greece, Calling an Actress “Completely Unknown” is Not Defamatory – Ed Klaris & Alexia Bedat

23 01 2017

ta-nea-20120210The Greek courts were wrong to hold the director of a Greek newspaper and one of its journalists liable for describing an actress recently appointed to an advisory board as “completely unknown”. The Court of Human Rights so decided on 19 January 2017 in Kapsis and Danikas v. Greece (application no. 52137/12)(available only in French). Read the rest of this entry »





Resuscitating Workplace Privacy? A Brief Account of the Grand Chamber Hearing in Bărbulescu v. Romania – Gaurav Mukherjee and James Wookey

18 01 2017

On 30 November 2016, the Grand Chamber of the European Court of Human Rights (ECtHR) heard oral arguments in Bărbulescu v. Romania. The case was referred to the Grand Chamber on 6 June 2016, after a Chamber judgment delivered on 12 January 2016.  Read the rest of this entry »





Event: European Centre for Press and Media Freedom, Promoting dialogue between the European Court of Human Rights and the media freedom community

17 01 2017

logoOn 24 March 2017, the European Centre for Press and Media Freedom (ECPMF), together with the Council of Europe, will hold a one day conference to discuss the Court of Human Rights case law on Article 10 and related articles concerning freedom of expression of media and journalists. Read the rest of this entry »





Case Law, Strasbourg: Lykin v. Ukraine, Free speech and elected officials – Ed Klaris & Alexia Bedat

17 01 2017

european_court_of_human_rightsOn 12 January 2017, the Court of Human Rights handed down judgment in the case of Lykin v Ukraine ([2017] ECHR 17), providing a timely reminder that freedom of political expression under Article 10 can trump reputation. Read the rest of this entry »





Case Law: Re (W), Can non-parties appeal critical findings made in a judgment which infringe their human rights? – Jo Moore

9 12 2016

silhouetteIn Re: W (A child) [2016] EWCA Civ 1140 the Court of Appeal considered a case in which a Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (‘SW’) and a police officer (‘PO’), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines. Read the rest of this entry »