Case Law, Strasbourg: Guseva v Bulgaria, More freedom of information under Article 10 (with dissents) – Hugh Tomlinson QC

28 02 2015

Vidin-danube-photoIn the case of Guseva v Bulgaria (Judgment of 17 February 2015) a Chamber of the Court of Human Rights has again recognised an Article 10 right to access to information and found a violation where a public authority had failed to provide public interest information despite court orders.  There were, however, two dissenting judgments on this issue, including one from the UK judge. Read the rest of this entry »





The Prince, his mistress and his lovechild: a feminist perspective on Couderc and Hachette Filipacchi Associés v. France – Nani Jansen

25 02 2015

albert10_thumbMale celebrity has affair with woman. Woman shares story with public. Woman’s version of events gets shut down by the courts. The end. It is an all too familiar story that seems to repeat itself over and over again. When it comes to information disclosing the infidelity of powerful men, national courts have often been more than helpful in expeditiously securing the silence of the women involved in such affairs, accrediting more weight to the man’s claims of privacy, than the woman’s right to tell the tale of what was ultimately her affair as well. Read the rest of this entry »





Conference: The Campbell Legacy: A Decade of “Misuse of Private Information”, Newcastle, 17 April 2015

17 02 2015

Naomi CampbellThe 2004 decision of the House of Lords in Campbell v Mirror Group Newspapers ([2004] 2 AC 457) was a significant case regarding privacy, and for human rights law and tort law more generally. Its influence is clear in current debates on the future of the Human Rights Act (particularly as we approach the General Election), and the relationship between the press, the State and the public. Read the rest of this entry »





Strasbourg: Grand Chamber Hears Armenian “Genocide denial” case of Perinçek v Switzerland

15 02 2015

Perincek Grand ChamberOn 29 January 2015, the Grand Chamber held a hearing in the Article 10 case of Perinçek v Switzerland.  The case has been particularly controversial because, in the course of its judgment, the Chamber suggested that there was not the same international consensus in relation to the Armenian genocide as in relation to the holocaust. Read the rest of this entry »





News: Strasbourg, MLDI intervenes in Grand Chamber Prince of Monaco Privacy Case

12 02 2015

Prince AlbertOn 12 June 2014, the Fifth Section of the Court of Human Rights held that judgment of a French Court arising out of a story that Monaco’s reigning monarch, Prince Albert II, had an illegitimate child was a violation of Article 10. Read the rest of this entry »





Case Law, Strasbourg: Pinto Pinheiro Marques v. Portugal, Public authorities, criminal libel and a mistake of law – Hugh Tomlinson QC

25 01 2015

Montemor-o-VelhoIn the case of Pinto Pinheiro Marques v. Portugal (Judgment of 22 January 2015, only in French) the First Section of the Court of Human Rights held that libel conviction of the applicant for damaging the reputation of a municipal council was a violation of Article 10. Read the rest of this entry »





Case Law, African Court: Lohé Issa Konaté v Burkina Faso, Strict limits on criminalising speech in Africa – Jonathan McCully

20 01 2015

articles-incrimines-cutOn 5 December 2014, the African Court on Human and Peoples’ Rights (the “Court”) delivered its ground breaking judgment on freedom of expression in Lohé Issa Konaté v Burkina Faso (Application No 004/2013 [pdf] (available only in French). It is ground breaking in two distinct respects. Read the rest of this entry »








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