article 10 echr and defamation


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Article 10 of the ECHR protects freedom of expression in the following terms: Everyone has the right to freedom of expression This right shall in-clude freedom to hold opinions and to receive and impart informa-tion and ideas without interference by public authority and regard-1 FREEDOM OF EXPRESSION: UNDER-LYING PRINCIPLES AND SOURCES

  • Does the ECtHR have a case of defamation?

    The ECtHR’s reasoning, however, gives greater cause for hope. The most celebrated case of this type did not involve defamation. Jersild was a Danish journalist who made a television documentary featuring a group of neo-Nazi youths. In the course of the film, the subjects made a series of extreme and grossly offensive racist statements.

  • Is defaming religion a violation of Article 10?

    In a French case, in which a writer published an article criti-cally examining Roman Catholic doctrine and linking it to anti-semitism and the Holocaust, the Court found that a verdict of defaming religion was a violation of Article 10.

  • Did the defamation proceedings breach the right to freedom of expression?

    The applicant complained that the defamation proceedings brought against him had breached his right to freedom of expression. The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention.

  • Did the second applicant violate Article 10 (freedom of expression)?

    The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention in respect of the second applicant, finding that the interference with the exercise of his right to freedom of expression was necessary in a democratic society in order to protect the reputation and rights of the company in question.

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