Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  SELISTO v. FINLAND

  Art. 10, Art. 10 Abs. 2, Art. 10 Abs. 1, Art. 41 MRK
  Violation of Art. 10 Pecuniary damage - financial award Non-pecuniary damage - financial award Costs and expenses partial award - domestic proceedings Costs and expenses partial award - Convention proceedings (englisch)

Verfahrensgang

• EGMR, 01.06.2004 - 56767/00
• EGMR, 16.11.2004 - 56767/00

Wird zitiert von ... (6)Neu Zitiert selbst (8)

• EGMR, 20.05.1999 - 21980/93

  BLADET TROMSØ ET STENSAAS c. NORVEGE

  Auszug aus EGMR, 16.11.2004 - 56767/00

  This power of appreciation is not, however, unlimited but goes hand in hand with a European supervision by the Court, whose task it is to give a final ruling on whether a restriction is reconcilable with freedom of expression as protected by Article 10 (see, Bladet Tromsø and Stensaas v. Norway [GC], no. 21980/93, § 58, ECHR 1999-III, and Nilsen and Johnsen v. Norway [GC], no. 23118/93, § 43, ECHR 1999-VIII).

  These "duties and responsibilities" assume significance when, as in the present case, there is a question of attacking the reputation of private individuals and undermining the "rights of others" (see Bladet Tromsø and Stensaas v. Norway [GC], no. 21980/93, § 65, ECHR 1999-III).

  Whether such grounds exist depends in particular on the nature and degree of the defamation in question and the extent to which the media can reasonably regard their source as reliable with respect to the allegations (see, among other authorities, McVicar v. the United Kingdom, no. 46311/99, § 84, ECHR 2002-III and Bladet Tromsø and Stensaas v. Norway [GC], no. 21980/93, § 66, ECHR 1999-III).

• EGMR, 26.04.1979 - 6538/74

  SUNDAY TIMES c. ROYAUME-UNI (N° 1)

  Auszug aus EGMR, 16.11.2004 - 56767/00

  The test of "necessity in a democratic society" requires the Court to determine whether the "interference" complained of corresponded to a "pressing social need", whether it was proportionate to the legitimate aim pursued and whether the reasons given by the national authorities to justify it are relevant and sufficient (see the Sunday Times v. the United Kingdom (no. 1) judgment of 26 April 1979, Series A no. 30, p. 38, § 62).

  In particular the Court must determine whether it was proportionate to the legitimate aim pursued and whether the reasons given by the national authorities to justify it were relevant and sufficient (see Sunday Times v. the United Kingdom (no. 1), judgment of 26 April 1979, Series A no. 30, p. 38, § 62).

• EGMR, 26.04.1995 - 15974/90

  PRAGER ET OBERSCHLICK c. AUTRICHE

  Auszug aus EGMR, 16.11.2004 - 56767/00

  In addition, the Court is mindful of the fact that journalistic freedom also covers possible recourse to a degree of exaggeration, or even provocation (see the Prager and Oberschlick v. Austria, judgment of 26 April 1995, Series A no. 313, p. 19, § 38, and the Bladet Tromsø and Stensaas judgment cited above, § 59).

  Generally, journalists cannot be expected to act with total objectivity and must be allowed some degree of exaggeration or even provocation (see the Prager and Oberschlick v. Austria, judgment of 26 April 1995, Series A no. 313, § 38).

 
• EGMR, 21.01.1999 - 29183/95

  FRESSOZ ET ROIRE c. FRANCE

  Auszug aus EGMR, 16.11.2004 - 56767/00

  By reason of the "duties and responsibilities" inherent in the exercise of freedom of expression, the safeguard afforded by Article 10 to journalists in relation to reporting on issues of general interest is subject to the proviso that they are acting in good faith in order to provide accurate and reliable information in accordance with the ethics of journalism (see Fressoz and Roire v. France [GC], no. 29183/95, § 54, ECHR 1999-I).
• EGMR, 25.11.1999 - 23118/93

  NILSEN AND JOHNSEN v. NORWAY

  Auszug aus EGMR, 16.11.2004 - 56767/00

  This power of appreciation is not, however, unlimited but goes hand in hand with a European supervision by the Court, whose task it is to give a final ruling on whether a restriction is reconcilable with freedom of expression as protected by Article 10 (see, Bladet Tromsø and Stensaas v. Norway [GC], no. 21980/93, § 58, ECHR 1999-III, and Nilsen and Johnsen v. Norway [GC], no. 23118/93, § 43, ECHR 1999-VIII).
• EGMR, 25.06.1992 - 13778/88

  THORGEIR THORGEIRSON v. ICELAND

  Auszug aus EGMR, 16.11.2004 - 56767/00

  Not only does it have the task of imparting such information and ideas: the public also has a right to receive them (see Thorgeir Thorgeirson v. Iceland, judgment of 25 June 1992, Series A no. 239, p. 27, § 63).
• EGMR, 23.09.1994 - 15890/89

  JERSILD v. DENMARK

  Auszug aus EGMR, 16.11.2004 - 56767/00

  Such are the demands of pluralism, tolerance and broadmindedness, without which there is no "democratic society" (see Handyside v. the United Kingdom, judgment of 7 December 1976, Series A no. 24, p. 23, § 49 and Jersild v. Denmark, judgment of 23 September 1994, Series A no. 298, p. 26, § 37).
• EGMR, 07.12.1976 - 5493/72

  HANDYSIDE v. THE UNITED KINGDOM

  Auszug aus EGMR, 16.11.2004 - 56767/00

  Such are the demands of pluralism, tolerance and broadmindedness, without which there is no "democratic society" (see Handyside v. the United Kingdom, judgment of 7 December 1976, Series A no. 24, p. 23, § 49 and Jersild v. Denmark, judgment of 23 September 1994, Series A no. 298, p. 26, § 37).

• EGMR, 29.04.2014 - 23605/09

  Zu den Grenzen des Spekulationsjournalismus

  It was thus "prescribed by law" (see Nikula v. Finland, no. 31611/96, § 34, ECHR 2002-II; Selistö v. Finland, no. 56767/00, § 34, 16 November 2004; Karhuvaara and Iltalehti v. Finland, no. 53678/00, § 43, ECHR 2004-X; and Eerikäinen and Others v. Finland, no. 3514/02, § 58, 10 February 2009) and it pursued the legitimate aim of protecting the reputation or rights of others, within the meaning of Article 10 § 2.
• EGMR, 29.10.2013 - 66456/09

  RISTAMÄKI AND KORVOLA v. FINLAND

  It was thus "prescribed by law" (see Nikula v. Finland, no. 31611/96, § 34, ECHR 2002-II; Selistö v. Finland, no. 56767/00, § 34, 16 November 2004; Karhuvaara and Iltalehti v. Finland, no. 53678/00, § 43, ECHR 2004-X; and Eerikäinen and Others v. Finland, no. 3514/02, § 58, 10 February 2009) and it pursued the legitimate aim of protecting the private life of others, within the meaning of Article 10 § 2.
• EGMR, 06.07.2010 - 37751/07

  MARIAPORI v. FINLAND

  It was thus "prescribed by law" (see Nikula v. Finland, no. 31611/96, § 34, ECHR 2002-II; Selistö v. Finland, no. 56767/00, § 34, 16 November 2004, Karhuvaara and Iltalehti v. Finland, no. 53678/00, § 43, ECHR 2004-X, and Eerikäinen and Others v. Finland, no. 3514/02, § 58, 10 February 2009) and it pursued the legitimate aim of protecting the reputation or rights of others, within the meaning of Article 10 § 2.

 
• EGMR, 02.12.2008 - 18620/03

  JUPPALA c. FINLANDE

  The interference was thus "prescribed by law" (see Nikula v. Finland, cited above, § 34; Selistö v. Finland, no. 56767/00, § 34, 16 November 2004 and Karhuvaara and Iltalehti v. Finland, no. 53678/00, § 43, ECHR 2004-X).
• EGMR, 08.10.2009 - 11751/03

  ROMANENKO AND OTHERS v. RUSSIA

  The Court has constantly held the view that the press "should normally be entitled, when contributing to public debate on matters of legitimate concern, to rely on the content of official reports without having to undertake independent research" (see Colombani and Others v. France, no. 51279/99, § 47, ECHR 2002-V; also Selistö v. Finland, no. 56767/00, § 60, 16 November 2004).
• EGMR, 17.11.2005 - 11751/03

  ROMANENKO AND OTHERS v. RUSSIA

  The Court has constantly held the view that the press "should normally be entitled, when contributing to public debate on matters of legitimate concern, to rely on the content of official reports without having to undertake independent research" (Colombani and Others v. France, no. 51279/99, § 47, ECHR 2002-V; also Selistö v. Finland, no. 56767/00, § 60, 16 November 2004).