Case Law: Strasbourg: Pihl v Sweden: No liability for defamatory users’ comments after prompt removal upon notice – Dirk Voorhoof

22 03 2017

In its decision of 9 March 2017 in Rolf Anders Daniel Pihl v. Sweden, the Court of Human Rights has clarified the limited liability of operators of websites or online platforms containing defamatory user-generated content.The Court’s decision is also to be situated in the current discussion on how to  prevent or react on  “fake news”, and the policy to involve online platforms in terms of liability for posting such messages. Read the rest of this entry »





Case Law, Strasbourg: Olafsson v Iceland, Website editor not liable for publishing sexual allegations against candidate – Ed Klaris and Alexia Bedat

20 03 2017

In the case of Olafsson v Iceland ([2017] ECHR 259) the Court of Human Rights held that the Icelandic courts were wrong to hold a website editor liable for publishing allegations made by two sisters that their relative, A, who was standing for election for the Constitutional Assembly had sexually abused them when they were children. Read the rest of this entry »





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 »