Case Law, Strasbourg: Delfi AS v Estonia: Strasbourg Undermines Freedom of Expression – Gabrielle Guillemin

6 10 2015

European-Court-of-Human-RightsOn 16 June 2015, the Grand Chamber of the European Court of Human Rights handed down its much-anticipated judgment in the Delfi AS v Estonia case. (no. 64569/09). The case concerned the liability of a news portal, Delfi AS, for the comments posted by its readers below the news articles on its website. Read the rest of this entry »

Case Law, Strasbourg: Satamedia v Finland, A strict application of data protection law and narrow interpretation of journalistic activity in Finland – Dirk Voorhoof

15 08 2015

ARCHITECTURE STOCKAfter proceedings at the national level lasting eight years, and after a preliminary ruling by the EU Court of Justice in Luxembourg on 16 December 2008 (Case C-73/07), the European Court of Human Rights (Fourth section) in Strasbourg has delivered a controversial judgment in the domain of protection of personal data and data journalism. Read the rest of this entry »

Case Law, Strasbourg: Morar v Romania, Criminal defamation and journalistic bad faith – Joseph Williams

1 08 2015

academia-catavencu-ultimul-numar-fondatoriiOn 7 July 2015, the Third Section of the European Court of Human Rights handed down a judgment in Morar v Romania ([2015] ECHR 668)(available only in French), ruling that a domestic court’s finding of criminal defamation against a journalist violated Article 10 principles on freedom of expression. Unfortunately, the court failed properly to engage with the issue of journalistic bad faith.  Read the rest of this entry »

“A lie can get round the world before the truth has put its boots on”, the reporting of ‘forced adoptions’ – Sarah Phillimore

26 07 2015

new-fathers-4-justice-stop-forced-adoption-1It is ironic to note that the source of the title quote, so often used by the late great Sir Terry Pratchett has itself often been falsely attitributed – to both Mark Twain and Sir Winston Churchill. It seems likely that its source is Jonathan Swift – see further Freakonomics – Quotes Uncovered: How Lies Travel. Read the rest of this entry »

News: UK Supreme Court holds that CFA regime is compatible with Human Rights Convention

22 07 2015

uksccrest2_400x400The UK Supreme Court today handed down judgment in the case of Coventry v Lawrence ([2015] UKSC 50) [pdf]. By a majority of 5:2 the Court held that the conditional fee and after the event insurance regime brought in by the Access to Justice Act 1999 (“the AJA regime”) was compatible with the European Convention on Human Rights. Read the rest of this entry »

Case Law, Strasbourg: Peruzzi v Italy, Criminal defamation is OK as long as it concerns judges – Joseph Williams

18 07 2015

260px-Consiglio_Superiore_della_MagistraturaIn the Chamber judgment in Peruzzi v Italy ([2015] ECHR 629, only in French) handed down on 30 June 2015, the Court of Human Rights dismissed an application under Article 10 by a lawyer who had been convicted of criminal defamation of a judge.  The decision is a surprising and retrograde one in the light of the recent Grand Chamber decision in Morice v France (see the Inforrm case comment). Read the rest of this entry »

JR 38 in the UK Supreme Court: the scope of Article 8 ECHR or why Lord Kerr is right – Sophie Stalla-Bourdillon

10 07 2015

In its judgement In the matter of an application by JR38 for Judicial Review (Northern Ireland) [2015] UKSC 42, the UK Supreme Court held that the publication of photographs of a minor (just about 14 years old at the time of publication) suspected of involvement in criminal activities did not constitute a breach of his right to respect for his private life protected by Article 8 of the European Convention on Human Rights (ECHR).

Read the rest of this entry »


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