SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION
information about his behavior on the night before a vote that could decide the future of his political career, and could then help inform public opinion on his character. More info here.
x. Private images or information of no public interest
ECtHR: In the case of Ruusunen v. Finland (2014), the Fourth Section of the ECtHR found
that the publication of details regarding the private sex life of Finland’s Prime Minister, published in
a book written by his ex-girlfriend, breached the Prime Minister’s right to privacy. More info here.
Ecuador: In the case of Nonconsensual Pornography sent to Victim’s Parents (2021), the
Constitutional Court of Ecuador held that the storage and sharing of sexual photos without the
consent of the victim were a violation of her constitutional rights to personal data protection, reputation,
The Inter-American Court of
and intimacy. The victim pursued a habeas data action
Human Rights considered
against the defendant, who had found the pictures in
that a series of publications
a family-shared computer, saved them in flash memory, and sent them to the parents of the victim. The
about the unrecognized
Court reasoned those intimate images were personal
son of the then president of
data sent exclusively to the defendant’s partner and
Argentina Carlos Saul Menem
required previous consent to be processed by anyone
else. When the defendant saved the photos and shared
with a congresswoman,
them with other people, she inflicted damage and vioMenem’s relationship with
lated human rights grounded on dignity and informathe congresswoman, and
tional self-determination. More info here.
the relationship between the
Kazakhstan: In the case of WA and WB v. Mamepresident with his son, were of
dov (2019), the Supreme Court of Kazakhstan upheld
public interest.
fines against a man who recorded and published a video on Facebook of two women without their consent,
and by doing so exposed their sexual orientation. WA and WB were secretly recorded kissing by
a stranger at a cinema. The stranger then posted the video on Facebook, criticizing their sexual
preferences and called on the women to be outed and shamed. The video became viral in Kazakhstan and led to the women becoming targets of harassment and threats. The two were forced to flee
Kazakhstan for several months, and eventually sued the man for violating their privacy, and sought
compensation for moral harm. The first instance court ruled for the women, only for the judgment
to be overturned by an appellate court on the ground that the women’s behavior was amoral. The
Supreme Court reinstated the first instance judgment, reiterating that the man violated the women’s right to privacy by recording them without their consent, publishing the subsequent video on
social media, which in turn caused the women great harm. More info here.
Canada: In the case of R. v. Jarvis (2019), the Supreme Court of Canada convicted a teacher for
voyeurism for secretly recording his students in common areas of a school. This offence is committed when a person secretly observes or makes a visual recording of another person with a sexual
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