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Belgium: A model for the transposition of the EU anti-SLAPP Directive – Dirk Voorhoof

13 February 2025 door Redactie

* This guest post was written by Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy

In its judgment of 15 March 2022 in the case of OOO Memo v. Russia, the ECtHR warned for “the risks that court proceedings instituted with a view to limiting public participation bring for democracy“.

This approach referred to an earlier comment by the Commissioner for Human Rights of the Council of Europe calling for urgent action against “Strategic Lawsuits Against Public Participation” (SLAPPs).

Especially in defamation cases the ECtHR has found violations [Read more…] about Belgium: A model for the transposition of the EU anti-SLAPP Directive – Dirk Voorhoof

Filed Under: Advertising Law, Copyright Law, Gambling, Internet Law, Mediaregulation, Press Law, Trademark Law Tagged With: anti-SLAPP Directive, European Court of Human Rights @en, free speech @en, freedom of expression @en, freedom of religion, satire

ECtHR: prosecution for satirical collage criticising Turkish prime minister violates freedom of expression

22 March 2021 door Redactie

* This guest post was written by Ronan Ó Fathaigh, IVIR/Univ. Amsterdam and Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy

On 2 February 2021, the European Court of Human Rights (ECtHR) unanimously found that the criminal proceedings against an artist’s satirical collage ‘insulting’ the Turkish Prime Minister violated his right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). In an earlier case (Tuşalp v. Turkey) about press articles criticising the then Prime Minister, Mr. Recep Tayyip [Read more…] about ECtHR: prosecution for satirical collage criticising Turkish prime minister violates freedom of expression

Filed Under: Press Law Tagged With: European Court of Human Rights @en, free speech @en, freedom of expression @en, freedom of religion, satire

Jens van den Brink and Emiel Jurjens contribute to International Libel and Privacy Handbook

12 August 2020 door Emiel Jurjens

The fifth edition of the internationally renowned International Libel and Privacy Handbook has just been published by LexisNexis. Jens van den Brink and Emiel Jurjens wrote the chapter on libel and privacy law in The Netherlands.

The Handbook contains practical and concise answers for media content providers worldwide to questions which are directly relevant to everyday journalistic practice in many countries. Questions discussed include who can sue for libel and on what grounds, the varying interpretations of the right to privacy in different countries and legal aspects of various journalistic methods (such as recording and/or broadcasting conversations).

The Handbook is available now both as e-book and print book.

Filed Under: Press Law

Studio Monitori and Others v. Georgia: access to public documents must be ‘instrumental’ for the right to freedom of expression

25 March 2020 door Redactie

* This blog post was written by Ronan Ó Fathaigh, IVIR/Univ. Amsterdam and Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy

In the case of Studio Monitori and Others v. Georgia the European Court of Human Rights (ECtHR) in its judgment of 30 January 2020 has confirmed that the right to freedom of expression and information as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) can only be invoked in order to obtain access to public documents when a set of conditions are fulfilled. It is one of the cases following the judgment [Read more…] about Studio Monitori and Others v. Georgia: access to public documents must be ‘instrumental’ for the right to freedom of expression

Filed Under: Press Law

Journalist and editor’s conviction for incitement to religious hatred violated Article 10

21 January 2020 door Redactie

* This blog post was written by Ronan Ó Fathaigh, IVIR/Univ. Amsterdam and Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy

In Tagiyev and Huseynov v. Azerbaijan, the European Court of Human Rights unanimously held that the conviction and imprisonment of Azerbaijani journalist Rafig Nazir oglu Tagiye, and editor Samir Sadagat oglu Huseynov, for incitement to religious hatred, violated their right to freedom of expression under Article 10 ECHR. Both had spent over a year in an Azerbaijan prison, and shockingly, following his release, Tagiyev was stabbed to death in an attack in Baku while his case was pending before the European Court. Tagiyev’s wife has continued the [Read more…] about Journalist and editor’s conviction for incitement to religious hatred violated Article 10

Filed Under: Press Law

Denying journalist access to asylum-seeker ‘reception centre’ in Hungary violated Article 10 ECHR

4 November 2019 door Redactie

* This blog post was written by Ronan Ó Fathaigh, IVIR/Univ. Amsterdam and Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy

In Szurovecz v. Hungary, the European Court of Human Rights has held that a refusal to grant a journalist access to an asylum-seeker ‘reception centre’ in Hungary violated his right to freedom of expression under Article 10 ECHR. The ECtHR emphasised that newsgathering, including ‘first-hand’ observation by a journalist reporting on a matter of significant public interest, is an essential part of journalistic research and [Read more…] about Denying journalist access to asylum-seeker ‘reception centre’ in Hungary violated Article 10 ECHR

Filed Under: Press Law

ECtHR engages in dangerous “triple pirouette” to find criminal prosecution for media coverage of PKK statements did not violate Article 10

21 October 2019 door Redactie

* This blog post was written by Ronan Ó Fathaigh, IVIR/Univ. Amsterdam and Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy

The European Court’s Second Section recently found that criminal proceedings against the owner and the editor of a newspaper for having published statements by the leader of a terrorist organisation were justified and did notviolate the right to [Read more…] about ECtHR engages in dangerous “triple pirouette” to find criminal prosecution for media coverage of PKK statements did not violate Article 10

Filed Under: Press Law

Tedx talk Nadia Plesner on the Louis Vuitton litigation

24 July 2019 door Jens van den Brink

A recent Tedx talk by artist Nadia Plesner, about the litigation back in 2011 against Louis Vuitton over her art (more here in Dutch, here in English) and artistic freedom versus intellectual property. We represented Nadia in The Netherlands.

Filed Under: Entertainment, Press Law Tagged With: art versus IP, artistic freedom @en, artistic freedom versus IP, fundamental rights

Activist’s conviction for hooliganism over ‘obscene’ protest violated Article 10 ECHR

28 January 2019 door Redactie

* This blog post was written by Ronan Ó Fathaigh, IVIR/Univ. Amsterdam and Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy

On 15 January 2019, the European Court’s Second Section unanimously found that an anti-corruption activist’s conviction for staging an “obscene” demonstration outside a prosecutor’s office, targeting a number of public officials, violated the activist’s freedom of expression. The Court in Mătăsaru v. the Republic of Moldova took the Moldovan courts to task for holding that Article 10 of the European Convention was not applicable to the activist’s protest, with the European Court reiterating that “expressive conduct” which shocks, offends or disturbs is fully protected [Read more…] about Activist’s conviction for hooliganism over ‘obscene’ protest violated Article 10 ECHR

Filed Under: Press Law

Savva Terentyev v. Russia: criminal conviction for inciting hatred against the police violated a blogger’s freedom of expression

15 October 2018 door Redactie

* Guest post By Dirk Voorhoof, Human Rights Centre, Ghent University and Legal Human Academy

In Savva Terentyev v. Russia the ECtHR has applied a very high level of free speech-protection for aggressively insulting and hostile comments about police officers, published on a weblog. The ECtHR observes that some of the wording in the blog post was offensive, insulting and virulent, but it found that the (emotional and sarcastic) comments as a whole could not be seen as inciting to hatred or violence. In contrast with the findings [Read more…] about Savva Terentyev v. Russia: criminal conviction for inciting hatred against the police violated a blogger’s freedom of expression

Filed Under: Press Law

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