MEDIA LAW Copenhagen University Session 7 Dirk VOORHOOF Ghent University (->contact)

Recent restrictive trends in case law ECtHR Seminar in ECtHR Strasbourg 10 October 2008 Lindon, Otchakovsky-Laurens and July v. France (GC), 22 October 2007 Stoll v. Switzerland (Grand Chamber), 10 December 2007 Rumyana Ivanova v. Bulgaria, 14 February 2008 Alithia Publ. Company Ltd. & Constantinides v. Cyprus, 22 May 2008 Backes v. Luxembourg, 8 July 2008 Soulas a.o. v. France, 10 July 2008 Flux (n°6) v. Moldova, 29 July 2008 Cuc Pascu v. Romania, 16 September 2008 Petrina v. Romania, 14 October 2008 and … Denis Leroy v. France, 2 October 2008, “Reasons for serious concern regarding the future of freedom of expression in Europe” See

Interesting recent judgments and decisions  ECtHR 10/3/2009 Times Newspapers v. UK (Internet Publication Rule not in breach with Art. 10)  ECtHR DECISION 10/2/2009 The Wall Street Journal a.o. v. UK (onus on defendant to give evidence of defamatory allegations, presumption of falsity is not incompatible with Art. 10)

Other interesting recent judgments  ECtHR 02/12/2008 UK v. Finland (Internet, right of anonymity based on FOE is not absolute, breach of Art. 8)  ECtHR 16/12/2008 Khursid Mustafa and Tarzabachi v. Sweden (Satellite antenne installation, right to recieve TV-programs, end of tenancy agreement, violation of Article 10)  ECtHR 5/3/2009 Hachette Filipacchi Presse v. France (Restrictions/sanctions (indirect) advertising for tobacco products no violation of Art. 10, public health, minors)

More interesting recent judgments  ECtHR 18/12/2008 Kasakov v. Russia (Court order to make public apology is in breach with Art. 10)  ECtHR 26/2/2009 Kudeshkina v. Russia (whistleblower, judge, manipulation, interviews in media, dismissal, breach of Article 10)

And one more particular recent judgment  ECtHR 03/02/2009 Women on Waves v. Portugal (concerning the Portuguese authorities’ decision to prohibit the ship Borndiep, which had been chartered with a view to staging activities promoting the decriminalisation of abortion, from entering Portuguese territorial waters. The ship was banned from entering Portuguese territorial waters by a ministerial order, on the basis of maritime law and Portuguese health laws, and its entry was blocked by a Portuguese warship. Violation of Art. 10)