Article 10 - Freedom of expression
All Updates
Cases selected for updating the Case-Law Guide.
Kobaliya and Others v. Russia, nos. 39446/16 and 106 others
Expanded application of "foreign agents" legislation to media organisations, journalists, activists and other individuals.
Judgment
Aghajanyan v. Armenia, no. 41675/12
Dismissal without notice of a senior researcher at a private chemical factory after he disclosed sensitive information concerning his employer in an interview with a journalist.
Judgment
Bielau v. Austria, no. 20007/22
Suspended disciplinary fine imposed on practising doctor for making scientifically untenable statements about ineffectiveness of vaccines.
Judgment | Legal Summary
Hrachya Harutyunyan v. Armenia, no. 15028/16
Applicant ordered to pay damages after reporting alleged corrupt activities by his former colleague in private correspondence with the latter’s hierarchy.
Judgment | Legal Summary
National Youth Council of Moldova v. the Republic of Moldova, no. 15379/13
Refusal to allow applicant association to display an anti-discrimination poster on advertising billboards on the ground that its caricatures depicted Roma and disabled persons in an undignified and humiliating manner.
Judgment
Lutgen v. Luxembourg, no. 36681/23
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
Imposition of a fine for infringement of a municipality’s personality rights.
Judgment
Sieć Obywatelska Watchdog Polska v. Poland, no. 10103/20
Refusal to grant the applicant NGO access to certain Constitutional Court judges’ meeting diaries.
Judgment
Kirkorov v. Lithuania (dec.), no. 12174/22
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 (pending before the GC)
Disciplinary sanction imposed on a judge for comments published on his Facebook page.
Judgment
Allée v. France, no. 20725/20
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
Judgment | Legal Summary
Mestan v. Bulgaria, no. 24108/15
Administrative fine imposed as result of the absolute statutory prohibition on the use of non-official languages by politicians in election campaigning.
Judgment | Legal Summary
Drozd v. Poland, no. 15158/19
One-year ban on entering Parliament for displaying a banner on the grounds of the Parliament during a protest.
Judgment
Udovychenko v. Ukraine, no. 46396/14
Civil sanctioning of a road accident eyewitness for statement of fact made in good faith to the media.
Judgment | Legal Summary
Rogalski v. Poland, no. 5420/16
Disciplinary sanctioning of a lawyer for unethical conduct.
Judgment
Halet v. Luxembourg [GC], no. 21884/18
Criminal conviction of a whistle-blower.
Judgment | Legal Summary
C8 (Canal 8) v. France, nos. 58951/18 and 1308/19
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
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
Civil liability of newspaper and its editor-in-chief for defamation.
Judgment
Axel Springer SE v. Germany, no. 8964/18
Right to reply imposed on publishing house.
Judgment
Zemmour v. France, no. 63539/19
Conviction for inciting discrimination and religious hatred.
Judgment
Godenau v. Germany, no. 80450/17
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
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
Denial of in-person access to a journalist to Foreign Intelligence Service files.
Judgment | Legal Summary
Stancu and Others v. Romania, no. 22953/16
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
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
Newspaper publisher’s liability to pay claimants extremely high success fees.
Decision | Legal Summary
Anatoliy Yeremenko v. Ukraine, no. 22287/08
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
Criminal conviction for offending religious feelings.
Judgment | Legal Summary
Timur Sharipov v. Russia, no. 15758/13
Removal of election observer from polling station. Applicability and merits.
Judgment | Legal Summary
Gaši and Others v. Serbia, no. 24738/19
Protection of journalists and activists, who took part in protests, from threats and a media campaign against them.
Judgment
Ete v. Türkiye, no. 28154/20
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
Kotlyar v. Russia, nos. 38825/16 and 2 others
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
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
No reprisals against judges for signing a manifesto or chilling effect on account of disciplinary proceedings.
Judgment | Legal Summary