Strategic Litigation

Media Defence and the Electronic Frontier Foundation (EFF) have intervened in a case at the Grand Chamber of the ECtHR, which concerns online users being held liable for third party comments. In Sanchez v France a French politician was charged with incitement to hatred on religious grounds following comments posted on the ‘wall’ of his Facebook account…

Last month, we intervened in the case of Moya Chacón vs. Costa Rica. FLIP, El Veinte and Media Defence submitted a joint amicus brief to the Inter-American Court of Human Rights (the Court). The Court will assess whether a civil penalty against two journalists violated their freedom of expression. The case Ronald Moya Chacón and…

Media Defence has filed a third-party intervention in the cases of Wieder and Guarnieri v United Kingdom at the European Court of Human Rights. The cases are about allegations of interference by UK intelligence agencies with the communications and related data of an Italian national living in Berlin, and a US citizen living in Florida.…

On 14 December 2021 the European Court of Human Rights found violations of the applicant’s rights guaranteed under Articles 5 § 1 and 10 in the case of Ilıcak v Turkey (no. 2). Ms Ilicak is a renowned journalist, columnist and editorial writer. In July 2016, following the attempted coup in Turkey, she posted tweets…

The ECtHR has found that the UK violated the right to freedom of expression of a journalist when she was arrested and prosecuted. Rita Pal was charged under the Protection from Harassment Act 1997, after she published a news article online and posted several Tweets about an individual who subsequently complained to the police. She…

In a worrying expansion of the application of the 'right to be forgotten' the European Court of Human Rights (the Court) has decided that a journalist may be held liable for failing or refusing to de-index information published on the Internet. In Biancardi v Italy the applicant, an editor of a newspaper, complained that he…