Case Law, Strasbourg: Medžlis Islamske Zajednice Brčko v. Bosnia and Herzegovina, “Political defamation” and public servants’ reputational rights – Alex Bailin QC and Jessica Jones

11 07 2017

In Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina ([2017] ECHR 608)  the Grand Chamber of the ECtHR found by an 11-6 majority that there was no violation of Article 10 in findings of defamation by the national courts in relation to a public servant’s right to reputation. Read the rest of this entry »





Case Law, Strasbourg: Rubio Dosamantes v Spain, TV discussions of singer’s sexuality and relationship breached Article 8 – Hugh Tomlinson QC

22 02 2017

The Court of Human Rights has held that the fact that singer was well known to the public and been the subject of well publicised rumours about her sexuality did not justify the broadcast of interviews about her relationships and sexuality. In the case of Rubio Dosamantes v Spain (Judgment of 21 February 2017)(in French only) the Third Section held that the dismissal of the applicant’s domestic claims was a breach of her Article 8 rights. Read the rest of this entry »





Case Law, Strasbourg: Lykin v. Ukraine, Free speech and elected officials – Ed Klaris & Alexia Bedat

17 01 2017

european_court_of_human_rightsOn 12 January 2017, the Court of Human Rights handed down judgment in the case of Lykin v Ukraine ([2017] ECHR 17), providing a timely reminder that freedom of political expression under Article 10 can trump reputation. 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 »





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 »