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 »





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 »





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 »





The Right to Freedom of Expression and Information under the European Human Rights System : Towards a more Transparent Democratic Society – Dirk Voorhoof

14 02 2014

ARCHITECTURE STOCKSome commentary on recent case law of the Strasbourg Court relating to freedom of expression, media and journalism might give the impression that the Court of Human Rights has lost direction. This impression would be misleading. Read the rest of this entry »





Case Law, Strasbourg: Lavric v Romania, the Positive Obligation to Protect Reputation – Hugh Tomlinson QC

30 01 2014

romania-libera4Under the European Convention on Human Rights, States have obligations ensure the protection both the freedom of expression and of the reputation in their domestic law.  The dismissal by a domestic court of a defamation claim may be a breach of the positive obligation to protect the claimant’s reputation. The recent case of Lavric v. Romania ([2014] ECHR 44) provides a particularly striking example of such a breach.
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Privacy and Defamation, Strasbourg blurs the boundaries – Hugh Tomlinson QC

23 01 2014

ARCHITECTURE STOCKIt is now clearly established in the case law of the Court of Human Rights that Article 8 protects the “right to reputation” as an aspect of private life. This is a relatively new idea, first appearing the case law as recently as 2004 (see Chauvy v France [70]). Read the rest of this entry »





News: Jailed “internet research” contempt juror’s case goes to Strasbourg

4 12 2013

Attorney GeneralThe case of Theodora Dallas, the juror found to be in contempt of court after conducting online research, is now being considered by the European Court of Human Rights. She was found guilty of contempt and sentenced to 6 months imprisonment ([2012] EWHC 156 (Admin)). She subsequently applied to the Court of Human Rights which has now communicated the case to the UK government. Read the rest of this entry »








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