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FIFTH SECTION CASE OF ANNEN v. GERMANY (Application no. 3690/10) JUDGMENT STRASBOURG 26 November 2015 FINAL 26/02/2016 This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.

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Annen v. Germany

Case Law

Country

Germany

Country Location

Latitude: 51.168768345617636

Longitude: 10.094236493110516

Country Location (linked Case Law): Germany

Decision Date: 26 de nov. de 2015

Case Status: Closed

Case Outcome (Procedural)

Admissibile
Reversed Lower Court

Case Outcome (Disposition)

Administrative Measures/Administrative Sanctions to Protect FoE
Injunction or Order Denied/Vacated
Judgment in Favor of Defendant
Law or Action Overturned or Deemed Unconstitutional

Keywords

Defamation
Freedom of Expression
Public Interest

Case Number: App. No. 3690/10

Case Summary: The European Court of Human Rights held that an injunction on the distribution of pamphlets and a website which named doctors involved in abortions and which implicitly compared abortion to the holocaust was a violation of the right to freedom of expression. The Court found that the domestic courts had failed to distinguish the impact of publication on the internet from the impact of a pamphlet, and that the applicant had correctly stated that abortion was technically unlawful under the complicated laws in force in Germany. The application had been made by an anti-abortion campaigner who had handed out leaflets outside an abortion day-clinic and named doctors on a website, www.babycaust.de.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Source URL: Columbia Global Freedom of Expression

Primary Documents

CASE OF ANNEN v. GERMANY.pdf
English
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CYRILLA: Global Digital Rights Law

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Annen v. Germany

Primary Documents

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