Strasbourg Observers

View posts from: Article 10

  • Valentina Golunova

Manannikov v. Russia: The Final Nail in the Coffin of Political Dissent?

May 18, 2022

By Valentina Golunova 24 February marked a turning point in modern history: Russia barbarously attacked Ukraine. Apart from other drastic implications, including the expulsion of Russia from the Council of Europe, the war set off a new wave of political repression within a country. Russian political activists and opposition figures have been persecuted for taking […]

  • Dirk Voorhoof

OOO Memo v. Russia: ECtHR prevents defamation claims by executive bodies

April 01, 2022

By Dirk Voorhoof, Human Rights Centre UGent and Legal Human Academy The European Court of Human Rights (ECtHR) has recently delivered a judgment in which, for the first time, it refers to the notion of SLAPP (Strategic Litigation Against Public Participation). In its judgment of 15 March 2022 in the case of OOO Memo v. […]

  • Meri Baghdasaryan

Standard Verlagsgesellschaft MBH v. Austria (No. 3): Is the ECtHR standing up for anonymous speech online?

January 25, 2022

By Meri Baghdasaryan Standard Verlagsgesellschaft MBH v. Austria (No. 3) represents an interesting development in the case law of the European Court of Human Rights (‘ECtHR’, ‘the Court’) on user-generated content and anonymous speech online. This case stands out as it concerns the liability of host providers for refusal to disclose anonymous user data for […]

  • Tobias Mortier

Miroslava Todorova v. Bulgaria: Bulgaria joins list of serious rule of law offenders

December 08, 2021

By Tobias Mortier Art. 18 is a peculiar provision in the rights catalogue of the European Convention on Human Rights (‘the Convention’). Only rarely is it invoked before the European Court of Human Rights (‘the Court’) – and a violation of it is even rarer. Up until now, the Court had only found violations of […]

  • Sarah de Heer

Hurbain v. Belgium: Towards a Fairer Balancing Exercise Between the Right to Freedom of Expression and the Right to Privacy?

November 26, 2021

Sarah de Heer Admittedly, the right to erasure, or more colloquially, the right to be forgotten is nothing new in the European legal landscape. Indeed, this right can be found as far back as 1981 in the predecessor of the Modernised Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data […]

  • Ayşe Bingöl Demir

Akdeniz and others v Turkey: The ECtHR adopts a regressive interpretation of victim status in cases concerning injunctions contra mundum

November 05, 2021

By Ayşe Bingöl Demir On 5 May 2021, the European Court of Human Rights (‘the Court’) handed down yet another judgment against Turkey finding a violation of Article 10 – freedom of expression – of the European Convention on Human Rights (‘the Convention’). Akdeniz and others v. Turkey concerned a general ban on the dissemination […]

  • Tobias Mortier

Preventing disorder or silencing political opposition? On (the lack of) legitimate aims in Dareskizb Ltd v. Armenia

October 29, 2021

By Tobias Mortier A little political tension in an electoral context is not uncommon. However, the Armenian presidential elections in 2008 were nothing short of riotous. The Court has already dealt with numerous cases in which the events surrounding these elections were contested. For instance, in the case of Mushegh Saghatelyan v. Armenia, the Court […]

  • Guest Blogger

Yes, Prime Minister (bis): prosecution for satirical collage criticising Turkish prime minister’s foreign policy violated artist’s freedom of expression

March 19, 2021

Ronan Ó Fathaigh and Dirk Voorhoof 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 […]