Case Law, Strasbourg: Almeida Leitão Bento Fernandes v. Portugal, No violation of Article 10 in ‘roman à clef’ case – Hugh Tomlinson QC

27 03 2015

Torre de MoncorvoIn the case of Almeida Leitão Bento Fernandes v. Portugal (Judgment of 12 March 2015)(available only in French), the First Section of the Court of Human Rights held that the a libel conviction and award of damages against an author whose novel was held to have libelled members of her husband’s family did not violate Article 10. Read the rest of this entry »





Case Law, Strasbourg: Haldimann v Switzerland, Court vindicates hidden camera’s role in watchdog journalism – Flutura Kusari and Nani Jansen

19 03 2015

ARCHITECTURE STOCKIn the case of Haldimann and Others v. Switzerland, published on 24 February 2015, the European Court of Human Rights (the “ECtHR”) backed the investigative methods of four Swiss journalists who had used hidden cameras to expose the malpractice of insurance brokers. Read the rest of this entry »





Case Law, Strasbourg: Haldimann v Switzerland, Conviction for secret filming breached Article 10 – Hugh Tomlinson QC

6 03 2015

kassensturz-emblemIn the case of Haldimann v Switzerland (Judgment of 24 February 2015, available only in French), the Second Section held that the conviction of four journalists for having recorded and broadcast an interview of a private insurance broker using a hidden camera was a breach of their Article 10 rights.  Although the case has been hailed as a “breakthrough for investigative journalism” it was, in reality, a fact sensitive decision from which no general conclusions can be drawn. Read the rest of this entry »





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 »








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