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 »





The European Court of Human Rights and Access to Information: Clarifying the Status, with Room for Improvement – Nani Jansen Reventlow and Jonathan McCully

23 11 2016

european-court-of-human-rights-source-garant-ruOn 8 November 2016, the Grand Chamber of the European Court of Human Rights handed down a much-anticipated judgment on the right of access to information. Read the rest of this entry »





Case Law, Strasbourg: Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary, Intermediary liability (again) – Jonathan McCully

7 02 2016

mte-logo-nagyobbOn 2 February 2016, the Fourth Section of European Court of Human Rights handed down its judgment on intermediary liability in Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary (Application No. 22947/13)([2016] ECHR 135). The judgment attempts to clarify the Grand Chamber’s findings in Delfi v. Estonia, whilst distinguishing that case on the basis that it involved “clearly unlawful speech” amounting to hate speech and incitement to violence. However, did the Court go far enough to protect free speech online? Read the rest of this entry »





Case Law: Burundi Journalist’s Union v Attorney-General of Burundi, A positive judgment in the midst of a crisis – Jonathan McCully

21 05 2015

East African Court of JusticeOn 15 May 2015, the East African Court of Justice (the “EACJ”) delivered its judgment in Burundi Journalists Union v. The Attorney General of the Republic of Burundi, in which it considered Law No.1/11 (the “Press Law”) regulating the press, film and broadcasting sectors in Burundi. 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 »





Byline Banditry: A Call to Reform – Jonathan McCully

23 07 2013

BanditOn the 24th of June 2013, freelance journalist Sheron Boyle wrote a piece for the PressGazette detailing her concerns about a worrying practice which has become increasingly more prevalent in the newspaper industry; “byline banditry.” This is when a freelance journalist sells their first rights of publication to a paper, only to find after publication that their work is being accredited to the staffer for whom the freelancer had written the piece. Read the rest of this entry »





Ireland: The Prime Minister who went to America to Learn to Become a Leader – Jonathan McCully

24 01 2013

stanford1As reported on Inforrm ex-Taoiseach (Prime Minister) of Ireland, Brian Cowen, is potentially pursuing a complaint against The Mail On Sunday for publishing a story about his return to education. Mr Cowen enrolled himself onto a US$58,000 Executive Program (for ‘senior executives‘) at Stanford University.  Dr. O’Dell makes a very persuasive prediction that the complaint would not be upheld by the Press Ombudsman or the Press Council of Ireland because of the public interest in the story due to Mr. Cowen’s status as a public figure, and the fact that photographs were taken of him on the University Campus which is a public place. Read the rest of this entry »