Case Law: ERY v Associated Newspapers, Is a police investigation a private matter? – Max Campbell

1 12 2016

metropolitan-policeA recent decision by Nicol J in ERY v Associated Newspapers Ltd ([2016] EWHC 2760 (QB)) has found that a suspect in a police investigation has a reasonable expectation of privacy which is likely to trump the press’s right to freedom of expression. Read the rest of this entry »





News: Court of Human Rights Grand Chamber recognises an Article 10 right to access to information

8 11 2016

Perincek Grand ChamberThe Grand Chamber of the European Court of Human Rights today handed down judgment in the case of Magyar Helsinki Bizottság v. Hungary (application no. 18030/11).  It held (15:2) that there is an Article 1o right to public access to information where access to the information is instrumental for the individual’s exercise of his or her right to freedom of expression. Read the rest of this entry »





Summer Round Up: Research and Resources

8 10 2016

Resource RoundupThe past two months have produced a rich crop of articles on media and legal issues which may be of interest to readers of Inforrm. We list these under five headings:  Free Speech and Defamation, Privacy and Data Protection, Interception and Surveillance, Cyberbullying and European Convention on Human Rights. Read the rest of this entry »





News, Strasbourg: Grand Chamber hears Article 10 data protection case of Satamedia Oy v Finland

27 09 2016

satamediaOn 14 September 2016, the Grand Chamber of the European Court of Human Rights held a hearing in the case of Satamedia Oy v  Finland. The judgment was reserved and is unlikely to be given for several months. Read the rest of this entry »





Case Law, Strasbourg: Ziembiński v. Poland (No. 2), Polish mayor’s private prosecution of local journalist for insult violated Article 10 – Ronan Ó Fathaigh

30 08 2016

img_3698The European Court’s Fourth Section has held in Ziembiński v. Poland (No. 2) that a newspaper editor’s conviction for describing local government officials as “dim-witted” and a “numbskull” violated the editor’s Article 10 right to freedom of expression. Read the rest of this entry »





Case Law, Strasbourg: CICAD v Switzerland, Finding that allegation of “anti-semitism” was defamatory did not breach Article 10 – Calypso Blaj

27 07 2016

couv2_0In the case of CICAD v Switzerland (Judgment of 7 June 2016)(French only), the Third Section of the Court of Human Rights held that a judgment finding that an accusation of anti-semitism made by the applicant was unlawful did not violate Article 10.  The Court refused to engage with issues as to the definition of “anti-semitism” but accepted the conclusions of the national court that such a serious allegation could not be justified. Read the rest of this entry »





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 »