Case Law, Strasbourg: Kurski v. Poland: Ordering politician to publish apology for defaming Polish newspaper violated Article 10 – Ronan Ó Fathaigh

16 07 2016

gw 20130124-covThe European Court’s Fourth Section has held that a successful civil action by a newspaper against a Polish politician for alleging the newspaper had an “agreement” with an oil corporation to finance the newspaper’s “mass propaganda” against his political party, violated the politician’s freedom of expression. The opinion in Kurski v. Poland dealt with the unusual, but not rare, situation when a newspaper launches defamation proceedings against a politician for damaging its reputation, and the broader issue of ordering publication of apologies. Read the rest of this entry »





Case Law, Strasbourg: Salihu v. Sweden, Criminal conviction for purchasing illegal firearm as a form of ‘check it out’ journalism upheld – Dirk Voorhoof and Daniel Simons

6 07 2016

ExpressenInvestigative journalism sometimes operates at the limits of the law. This is especially true of what could be called ‘check it out’ journalism: reporting in which a journalist tests how effective a law or procedure is by attempting to circumvent it. A recent decision shows that those who commit (minor) offences during this type of newsgathering activity cannot count on (major) support from the European Court of Human Rights (ECtHR). Read the rest of this entry »





Case Comment, Strasbourg: Fürst-Pfeifer v Austria: “A one-sided, unbalanced and fundamentally unjust judgment”? – Stijn Smet

22 06 2016

bezirksblatt-6322In Fürst-Pfeifer v Austria, the majority of the Fourth Section of the ECtHR ruled that the applicant’s right to private life was outweighed by the freedom of expression of an online publication and offline newspaper. In one of the fiercest and most poignant dissenting opinions I have read to date, Judges Wojtyczek and Kūris label the majority judgment as “a one-sided, unbalanced and … fundamentally unjust judgment” that “panders to prejudice” against persons, like the applicant, “with a history of mental-health problems”. Read the rest of this entry »





Call for Papers: Restricted and Redacted – Where now for human rights and digital information control?

31 05 2016

ILPC_at_the_Institute_of_Advanced_Legal_StudiesThe Information Law and Policy Centre at IALS is calling for papers for its annual research workshop on 9 November 2016 in London, this year supported by Bloomsbury’s Communications Law journal. The first workshop was held in 2015. Read the rest of this entry »





Case Law: R (Ben-Dor) v The University of Southampton: Censorship or justified Concern? – Dominic Ruck Keene

29 05 2016

southampton_1912501bIn the case of R(Ben-Dor & Ors) v The University of Southampton [2016] EWHC 953 (Admin)) Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. Read the rest of this entry »





Case Comment: PJS v NGN, Supreme Court restores interim injunction in landmark privacy case – Sara Mansoori and Aidan Wills.

26 05 2016

Supreme CourtOn 19 May 2016, the Supreme Court handed down its judgment in PJS v News Group Newspapers Ltd [2016] UKSC 26. This much-discussed privacy action brought by a celebrity has generated renewed debate on privacy injunctions. Read the rest of this entry »





Case Law, Strasbourg: Novikova v Russia, One man banned, Russia’s treatment of solo protests scrutinised – Daniel Simons and Dirk Voorhoof

12 05 2016

State DumaOne-person protests are the only kind of demonstration Russian citizens are permitted to hold without giving prior notice to the authorities. The unanimous judgment in Novikova and others v. Russia stops short of questioning this low threshold, but finds Russia in violation of Article 10 over its excessive zeal in enforcing the notification requirement through arrests and fines. Read the rest of this entry »








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