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,
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