Natrag Latest developments in the case law of the European Court of Human Rights on freedom of expression in Bulletin No. 5

Western Balkans 20 December 2022
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Latest developments in the case law of the European Court of Human Rights on freedom of expression in Bulletin No. 5

The Bulletin on the “Latest developments in the case-law of the European Court of Human Rights on Freedom of Expression” published in the framework of the EU and Council of Europe joint action on “Freedom of expression and freedom of the media in South-East Europe (JUFREX)“.  issued the 5th edition. 

The 5th Bulletin analyses the period from February to  July 2022. It provides an in-depth analysis of two selected cases which have wide implications and importance on freedom of expression. In OOO Memo v. Russia,  the ECtHR addressed the questions of whether a public body may sue a media outlet for defamation and if the protection of the reputation of public bodies is a legitimate ground for restricting the right to freedom of expression. In NIT v. Moldova, the ECtHR addresses the withdrawal of the licence of a broadcaster that had repeatedly breached the requirement of political impartiality and the procedural safeguards that are required. 

This Bulletin also summarises six cases on various other issues: access to information; the so-called ‘right to be forgotten’, an emerging area of jurisprudence for the ECtHR; defamation committed by the President of a state; the protection against hate speech; freedom of expression of judges and their right to comment on issues of public interest; the proportionality of damages in defamation cases; and the safety of journalists.

The Bulletin constitutes a unique tool for sharing information on new trends and developments in the case law of the European Court of Human Rights (ECtHR), made accessible in local languages to regional beneficiaries. It contributes to further reinforcing the capacity of domestic training institutions for legal professionals to provide their trainers and trainees with up-to-date learning tools. More broadly, it enables legal professionals in the Western Balkans and beyond to improve their knowledge of the applicable European standards and the evolving jurisprudence of the Court in this area.

The Bulletin is available in Albanian - Bosnian – English – Macedonian – Montenegrin – Serbian , and is prepared within the framework of the joint regional action on “Freedom of expression and freedom of the media in South-East Europe (JUFREX)“ part of the the European Union and the Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.