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 »





Case Law, Strasbourg: Société de Conception de Presse v. France, Order redacting photograph of torture victim did not violate Article 10 – Hugh Tomlinson QC

17 03 2016

1375099805_choc_26_07_2013_fr.downmagaz.comIn the case of Société de Conception de Presse et d’Édition v. France ([2016] ECHR 216)(only in French), the Court of Human Rights, Fifth Section, held that a French court’s order that the publishers of Choc magazine should black out a photograph taken by the captors and torturers of a man who died did not violate their Article 10 rights. Read the rest of this entry »





European Court of Human Rights: Article 10 case law, July to October 2015

31 10 2015

ARCHITECTURE STOCKIn the four months from 1 July to 31 October 2015, the Court of Human Rights handed down judgments in 11 cases where an Article 10 issue was central.  Violations of Article 10 were found in 7 of the 11 cases. The cases are as follows: Read the rest of this entry »





Case Law, Strasbourg: Morar v Romania, Criminal defamation and journalistic bad faith – Joseph Williams

1 08 2015

academia-catavencu-ultimul-numar-fondatoriiOn 7 July 2015, the Third Section of the European Court of Human Rights handed down a judgment in Morar v Romania ([2015] ECHR 668)(available only in French), ruling that a domestic court’s finding of criminal defamation against a journalist violated Article 10 principles on freedom of expression. Unfortunately, the court failed properly to engage with the issue of journalistic bad faith.  Read the rest of this entry »





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: Karácsony and Szél v. Hungary, sanctions on protesting parliamentarians breached Article 10 – Hugh Tomlinson QC

23 09 2014

HungarianParliamentBuildingIn the cases of Karácsony and v Hungary and Szél v.Hungary (applications nos. 42461/13 and 44357/13) decided on 16 September 2014 the Second Section of the European Court of Human Rights held that financial sanctions imposed by the Speaker on demonstrating members of the opposition in the Hungarian Parliament were a violation of Article 10. Read the rest of this entry »





Case Law, Strasbourg: Couderc and Hachette Filipacchi Associés v France, A Hereditary Game of Thrones – Alexia Bedat

13 06 2014

????????????????????????????In the case of Courdec and Hachette Filipacchi v France the privacy rights of another member of Monaco’s ruling family were outweighed by the interests of the press: French court order found to have breached Paris-Match’s Article 10 by Strasbourg. Read the rest of this entry »