Case Law, Strasbourg: Couderc v France, Grand Chamber challenges male-oriented view on keeping silence over mistress and lovechild in pivotal privacy case – Dirk Voorhoof

13 11 2015

Paris MatchThe Grand Chamber’s judgment delivered on 10 November 2015 in Couderc and Hachette Filipacchi Associés v. France elaborates on the appropriate standard for privacy and the media under European human rights law. In essence, the Court discussed the public-interest value of a disputed article published in the magazine Paris Match, revealing aspects of the private life of a public person exercising an important political function. This blog focusses in particular on women’s right to tell the story of a relationship as a matter of personal identity. Read the rest of this entry »

Case Law: Richardson v Facebook, Suing Facebook is no easy matter – Rosalind English

9 11 2015

facebook_logoIn the case of Richardson v Facebook ([2015] EWHC 3154 (QB)) an action in defamation and under the right to privacy against Facebook has been dismissed in the High Court. The Facebook entity named as defendant did not “control” the publication so as to allow liability; and even if it did, no claim under the Human Rights Act could lie against Facebook as it could not be described as any sort of a public authority for the purposes of Section 6 of the Act. Read the rest of this entry »

European Court of Human Rights: Article 10 case law, July to October 2015

31 10 2015

ARCHITECTURE STOCKIn the four months from 1 July to 31 October 2015, the Court of Human Rights handed down judgments in 11 cases where an Article 10 issue was central.  Violations of Article 10 were found in 7 of the 11 cases. The cases are as follows: Read the rest of this entry »

Case Law, Strasbourg: Pentikäinen v. Finland, Journalist covering demonstration must comply with police order to disperse – Dirk Voorhoof

27 10 2015

DemonstrationThe Council of Europe Task Force for Freedom of Expression and Media recently published a book entitled “Journalism at risk. Threats, challenges and perspectives”. Since a Grand Chamber judgment of the European Court of Human Rights of 20 October 2015, a new threat for journalistic freedom has obviously emerged – the risk that journalists will be detained, prosecuted and convicted for disobeying a police order while covering a public demonstration. At least, that is the consequence of the judgment in the case of Pentikäinen v. Finland. Read the rest of this entry »

Case Preview: Weller v Associated Newspapers, Appeal in “street photographs of children” case

25 10 2015

paparazzi-300x200On Tuesday 27 and Wednesday October 2015, the Master of the Rolls, Tomlinson and Vos LJJ will hear the appeal in the case of Weller v Associated Newspapers, which is estimate to last a day and a half. Read the rest of this entry »

Case Law, Strasbourg: Koutsoliontos and Pantazis v Greece, Blurring the line between speech and speaker – Joseph Williams

24 10 2015

european_court_of_human_rightsOn 22 September 2015, the First Section of the European Court of Human Rights handed down a judgment in Koutsoliontos and Pantazis v Greece ([2015] ECHR 815)(in French), in response to two applications made against the Hellenic Republic, alleging a violation of Article 10 of the European Convention on Human Rights. The Court ruled that the domestic court’s order of €15,000 to be paid jointly and severally by the defendants, constituted a violation of Article 10. Read the rest of this entry »

Case Law, Strasbourg: Perinçek v Switzerland, Grand Chamber confirms conviction for denying the Armenian genocide as Article 10 violation – Dirk Voorhoof

21 10 2015

fsdgOn 17 December 2013 the European Court of Human Rights had ruled by five votes to two that Switzerland had violated the right to freedom of expression by convicting Doğu Perinçek, chairman of the Turkish Workers’ Party, for publicly denying the existence of the genocide against the Armenian people (see our blogs on Strasbourg Observers and ECHR-Blog, 7 and 8 January 2014). The Grand Chamber has now, on 15 October 2015, in a 128 page judgment, confirmed, by ten votes to seven, the finding of a violation of Article 10 ECHR. Read the rest of this entry »


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