German Court Injunction Banning Political Leaflet Violated Article 10: Brosa v. Germany

This guest post was written by Ronan Ó Fathaigh* and Dirk Voorhoof**

In a victory for free expression, the European Court has ruled that a court-imposed injunction banning a political activist from distributing leaflets targeting a political candidate violated Article 10 of the European Convention. The Court in Brosa v. Germany criticised the German courts for refusing to hold that the leaflet was a fair comment on a matter of public interest, as the threshold for proving fair comment was “disproportionately high.” Continue reading