SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION of Human Rights (ECtHR) held that Latvian investigating authorities had failed to protect the sources of a journalist and thus violated Article 10 of the European Convention on Human Rights (ECHR). After news program host Ilze Nagla had gone on air to inform the public of an information leak from the State Revenue Service database, the investigating authorities searched her home and seized several data storage devices. While the Court recognized the importance of securing evidence in criminal proceedings, it stressed that “a chilling effect” could arise when journalists were expected to assist in the identification of anonymous sources. The Court held that a search conducted with the aim of identifying a journalist’s source was a measure more extreme than an order to disclose the source’s identity. More info here. B. Balancing the competing rights of privacy and freedom of expression In the following pages we have systematized cases from different jurisdictions in which freedom of expression and privacy come into tension. CasThe European Court of es are ordered by topic, country, and court of origin. In most cases, the paper does not explain the criteria used Human Rights (ECtHR) held by judges to solve them, since the document only systhat the publication by tabloid tematizes the summaries of the cases in our database magazines of a series of that were prepared by researchers and experts affiliated with our program. For this reason, at the end of each photos of Princess Caroline case summary we have included a link to the database of Monaco, taken without entry of the case, in which it is possible to find a more her knowledge and showing detailed description of the ruling. scenes from her daily life, The criteria we have used to classify the cases stem violated her right to privacy from that used by courts to balance competing rights, and family life as enshrined by virtue of the harmonization principle. As announced in the introduction, the number of cases in which there in Article 8 of the European are tensions between the right to privacy and freedom Convention on Human Rights of expression is enormous. In some cases, tribunals (ECHR). with robust and respectable traditions have arrived at different conclusions. However, in all the emblematic cases, courts have taken into account two criteria: the public interest of the information — either because it concerns information about a public official, a public figure, or information relevant to the public opinion— and the degree to which privacy is affected. This last criterion refers to the source of the information, how it was obtained and to the content of the information itself. We tried to follow these criteria to identify the cases selected in this small sample. i. Public figures, privacy and public interest ECtHR: In the case of Von Hannover v. Germany (No. 1) (2004), the European Court of Human Rights (ECtHR) held that the publication by tabloid magazines of a series of photos of Princess Caroline of Monaco, taken without her knowledge and showing scenes from her daily life, 25

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