Article 10 - Freedom of expression

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All Updates


Cases selected for updating the Case-Law Guide.

Lutgen v. Luxembourg, no. 36681/23

16/05/24

Criminal conviction (fine) imposed on a lawyer for criticising a judge in an email sent to the authorities.
Judgment | Legal Summary


Mária Somogyi v. Hungary, no. 15076/17

16/05/24

Imposition of a fine for infringement of a municipality’s personality rights.
Judgment


Sieć Obywatelska Watchdog Polska v. Poland, no. 10103/20

21/03/24

Refusal to grant the applicant NGO access to certain Constitutional Court judges’ meeting diaries.
Judgment


Kirkorov v. Lithuania (dec.), no. 12174/22

19/03/24

Five-year entry ban on a famous Russian singer and music producer on national security and public order grounds.
Decision


Danileţ v. Romania, no. 16915/21

20/02/24

Disciplinary sanction imposed on a judge for comments published on his Facebook page.
Judgment


Allée v. France, no. 20725/20

18/01/24

Conviction of an employee for defamation following allegations of sexual harassment and assault directed against her supervisor.
Judgment


Ramadan v. France (dec.), no. 23443/23

09/01/24

Disclosure of the identity of the victim of an alleged rape, by the presumed perpetrator, pending criminal proceedings against him.
Decision


Bild GmbH & Co. KG v. Germany, no. 9602/18

31/10/23

Injunction ordering news website company to cease publication of CCTV footage of a police arrest, and any future unedited footage, without blurring the face of the polices officers involved.
Judgment


Ikotity and Others v. Hungary, no. 50012/17

05/10/23

Opposition members of parliament fined for displaying posters during an interpellation speech by a party colleague without permission.
Judgment


Eigirdas and VĮ “Demokratijos plėtros fondas” v. Lithuania, nos. 84048/17 and 84051/17

12/09/23

Obligation to publish decisions of the media self-regulatory body, which disciplined the applicants for breaching requirements of journalists’ and publishers’ ethics.
Judgment


Radio Broadcasting Company B92 AD v. Serbia, no. 67369/16

05/09/23

Disproportionate civil sanctioning for a TV news broadcast and publication of an online article defaming a public official.
Judgment


Manole v. the Republic of Moldova, no. 26360/19

18/07/23

Dismissal of a judge for having disclosed to a journalist a summary of reasons for her dissenting opinion before the full text of the decision was published.
Judgment


Gaspari v. Armenia (no. 2), no. 67783/13

11/07/23

Criminal conviction of a civic activist for hooliganism for remarks directed at a public official during a demonstration.
Judgment


Glukhin v. Russia, no. 11519/20

04/07/23

Conviction of a peaceful solo demonstrator to an administrative offence for failure to submit prior notification.
Judgment | Legal Summary


Hurbain v. Belgium [GC], no. 57292/16

04/07/23

Newspaper publisher ordered to anonymise the online archived version of a lawful article published twenty years earlier, on grounds of the “right to be forgotten”.
Judgment | Legal Summary


Karaca v. Türkiye, no. 25285/15

20/06/23

Arrest and pre-trial detention of the applicant for the broadcasting of a television series on a channel belonging to an Islamist group, with the aim of slandering members of another Islamist group.
Judgment


Margari v. Greece, no. 36705/16

20/06/23

Photographs and personal data of an accused published in the press for six months after charges brought, without her prior knowledge and consent.
Judgment


Fragoso Dacosta v. Spain, no. 27926/21

08/06/23

Disproportionate criminal sanction imposed on a trade-union representative for verbally insulting the national flag of Spain during a protest at a military base regarding unpaid wages.
Judgment | Legal Summary


Pivkina and Others v. Russia (dec.), nos. 2134/23 and 6 others

06/06/23

Any restrictive measure taken against an applicant in connection with his or her expressive conduct constitutes an interference with his rights.
Decision | Legal Summary


Gaponenko v. Latvia (dec.), no. 30237/18

23/05/23

Pre-trial detention of a political activist advocating for the rights of the Russian-speaking minority in Latvia in the context of his criminal prosecution for incitement to national and ethnic hatred.
Decision


Sanchez v. France [GC], no. 45581/15

15/05/23

​Elected politician fined in criminal proceedings for failing to delete, from his publicly accessible Facebook “wall” used for his election campaign, Islamophobic comments by third parties.
JudgmentLegal Summary


Mestan v. Bulgaria, no. 24108/15

02/05/23

Administrative fine imposed as result of the absolute statutory prohibition on the use of non-official languages by politicians in election campaigning.
JudgmentLegal Summary


Drozd v. Poland, no. 15158/19

06/04/23

​One-year ban on entering Parliament for displaying a banner on the grounds of the Parliament during a protest.
Judgment


Rogalski v. Poland, no. 5420/16

23/03/23

​Disciplinary sanctioning of a lawyer for unethical conduct.
Judgment


Udovychenko v. Ukraine, no. 46396/14

23/03/23

​Civil sanctioning of a road accident eyewitness for statement of fact made in good faith to the media.
JudgmentLegal Summary


Halet v. Luxembourg [GC], no. 21884/18

14/02/23

​Criminal conviction of a whistle-blower.
JudgmentLegal Summary


C8 (Canal 8) v. France, nos. 58951/18 and 1308/19

09/02/23

Sanctions imposed on a TV channel on account of degrading and stigmatising sequences with regard to women and homosexual persons.
Judgment 


Macatė v. Lithuania [GC], no. 61435/19

23/01/23

Temporary suspension of children’s fairy tale book depicting same-sex relationships and its labelling as harmful to children under 14.
Judgment | Legal Summary


Khural and Zeynalov v. Azerbaijan (no. 2), no. 383/12

19/01/23

Civil liability of newspaper and its editor-in-chief for defamation.
Judgment


Axel Springer SE v. Germany, no. 8964/18

17/01/23

Right to reply imposed on publishing house.
Judgment


Zemmour v. France, no. 63539/19

20/12/22

Conviction for inciting discrimination and religious hatred.
Judgment


Godenau v. Germany, no. 80450/17

29/11/22

Applicant’s inclusion on a regional internal list of teachers deemed unsuitable for appointment to public schools due to doubts as to her loyalty to the Constitution.
Judgment | Legal Summary


Ayuso Torres v. Spain, no. 74729/17

08/11/22

Statement by an academic, member of the military, found by disciplinary body to exceed freedom of expression limits, but not sanctioned due to time-bar. 
Judgment | Legal Summary


Saure v. Germany, no. 8819/16

08/11/22

Denial of in-person access to a journalist to Foreign Intelligence Service files.
Judgment | Legal Summary


Stancu and Others v. Romania, no. 22953/16

18/10/22

Journalists and editors’ conviction for defamation of a superior prosecutor and the then vice-president of the High Council of the Judiciary.
Judgment


Bouton v. France, no. 22636/19

13/10/22

Suspended prison sentence imposed on activist for topless protest in a church. Applicability and merits.
Judgment | Legal Summary


MGN Limited v. the United Kingdom (dec.), no. 72497/17

20/09/22

Newspaper publisher’s liability to pay claimants extremely high success fees.
Decision | Legal Summary


Anatoliy Yeremenko v. Ukraine, no. 22287/08

15/09/22

Defamation proceedings brought by judges and holding journalist civilly liable for article written on alleged judicial corruption. Interim injunction to remove the article from the newspaper’s website.
Judgment


Rabczewska v. Poland, no. 8257/13

15/09/22

Criminal conviction for offending religious feelings.
Judgment | Legal Summary


Timur Sharipov v. Russia, no. 15758/13

13/09/22

Removal of election observer from polling station. Applicability and merits.
JudgmentLegal Summary


Ete v. Türkiye, no. 28154/20

06/09/22

Conviction for propagandising for a terrorist organisation for cutting and handing out slices of cake in celebration of PKK leader’s birthday.
Judgment | Legal Summary


Gaši and Others v. Serbia, no. 24738/19

06/09/22

Protection of journalists and activists, who took part in protests, from threats and a media campaign against them.
Judgment


Kotlyar v. Russia, nos. 38825/16 and 2 others

12/07/22

Applicability: criminal liability for deliberate false registration of immigrants at applicant’s property in protest against residence registration system for migrants.
Judgment | Legal Summary


Drousiotis v. Cyprus, no. 42315/15

05/07/22

Amount of damages awarded in defamation action against journalist for article on high-ranking attorney.
Judgment | Legal Summary


M.D. and Others v. Spain, no. 36584/17

28/06/22

No reprisals against judges for signing a manifesto or chilling effect on account of disciplinary proceedings.
Judgment | Legal Summary


Rouillan v. France, no. 28000/19

23/06/22

Prison sentence of former terrorist for praising perpetrators in the context of recent and deadly terrorist attacks.
Judgment | Legal Summary


Żurek v. Poland, no. 39650/18

16/06/22

Measures taken against a serving judge for public statements concerning legislative reforms affecting the judiciary made in his professional capacity as National Council of the Judiciary spokesperson.
Judgment


Patrício Monteiro Telo de Abreu v. Portugal, no. 42713/15

07/06/22

Local politician convicted for publishing political satire cartoons on his blog.
Judgment | Legal Summary


Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others

07/06/22

Declaration of international website and publications as “extremist”, withdrawal of distribution permit and prosecution.
Judgment


Taner Kılıç (no. 2) v. Turkey, no. 208/18

31/05/22

Human rights defender's pre-trial detention.
Judgment


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