By Flutura Kusari * and Dirk Voorhoof **
In Erla Hlynsdottir v. Iceland (no. 2), an Icelandic journalist had been convicted for defamation after reporting that the director of a Christian rehabilitation centre and his wife had been involved in sex games with patients of the centre. The European Court of Human Rights found a violation of Article 10 of European Convention on Human Rights, arguing that the national courts did not pertinently balance the right to freedom of expression with the right to reputation. According to the Court “the most careful scrutiny” is called for when the measures taken by national authorities are capable of discouraging the participation of the press in debates over matters of legitimate public concern. The Court also refers to “the essential function the press fulfils in a democratic society” as a central factor for its determination in the present case.