Olafsson v. Iceland
Case Law- Country
- Country Location
Latitude: 65.3085823756205
Longitude: -17.714708543468866
- Country Location (linked Case Law)
- Iceland
- Decision Date
- 21 de fev. de 2017
- Case Status
- Closed
- Case Outcome (Procedural)
- Admissible
- Case Outcome (Disposition)
- Violation of a Rule of International Law
- Keywords
- Defamation
- Freedom of Press
- Public Interest
- Case Number
- App. No. 58493/13
- Case Summary
The European Court of Human Rights held that there had been a violation of the Applicant's right to freedom of expression and reversed the Supreme Court of Iceland's imposition of fines against the editor of a web-based media site for alleged defamation against a public figure. The Court found that although the statements did cause harm to A’s reputation and that editors could be held liable under domestic law, the restriction was not necessary in a democratic society and could have a future chilling effect. The Court considered that the Applicant acted in good faith and made sure that the article was written in compliance with ordinary journalistic obligations to verify a factual allegation. The Court concluded that the Supreme Court had failed to give due consideration to the principles and criteria in balancing the Article 8 right to respect for private life, including reputation, and the right to freedom of expression under Article 10. It therefore had exceeded the margin of appreciation afforded to Member States and failed to strike a reasonable balance of proportionality between the measures imposed, restricting the applicant's right to freedom of expression, and the legitimate aim pursued.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source URL
- Columbia Global Freedom of Expression