Guide to ECHR Article 10: Freedom of Expression
This document was originally published by the European Court of Human Rights and can be found here. Introduction A. Methodology Given the extensive case-law developed…
This document was originally published by the European Court of Human Rights and can be found here. Introduction A. Methodology Given the extensive case-law developed…
The First Amendment (and the rest of the Bill of Rights) was ratified in 1791, but largely ignored by the U.S. Supreme Court for 128…
Argentina has developed strong protections for the right to freedom of expression, especially through the Supreme Court’s rich and vast jurisprudence in this area. During…
The Delhi High Court, in a petition filed by Flipkart seeking quashing of the first information report/FIR (information on the basis of which criminal proceedings are initiated), held that the ‘Safe Harbour Protection’ guaranteed to intermediaries under Section 79 of the Information Technology Act, 2000 is applicable to criminal cases as well. It further opined that it is not required for the intermediaries to take down content prohibited under the Indian Copyright Act or the Trademark Act only upon receipt of ‘actual knowledge’ pursuant to complaints received. Relying on the Supreme Court decision in Shreya Singhal v. Union of India, 2015 (5) SCC 1, the Court propounded that it is imperative for a court order pursuant to which intermediaries will comply with take down requests in relation to any complaint.
U.S., Bano v. Union Carbide Corp., 361 F.3d 696 (2d Cir. 2004)
Sheikh Maytham Al Salman’s video message on the state of freedom of expression in Bahrain was presented at the Justice for Free Expression in 2015…
The main issues for the Third Section of the ECtHR to analyze in this case were two. On the one hand, whether the Police report…
Though the judgment of the majority in the present matter does expand expression on merits, the extent to which it does so could have been enlarged had the reasons offered by Judge Power-Forde’s in her partly Dissenting Opinion – on the applicant’s entitlement to more than a mere moral victory due to the anxiety suffered by him on being convicted for exercising his freedom of expression and on the need for the affirmation of the principles established in Colombani and Others v. France [ECHR] (2002) 51279/99 – formed part of the reasoning and decision put forth by the majority.
Austl., Streetscape Projects (Australia) Pty Ltd v City of Sydney [2013] NSWCA 2
Corresponding Law Reference – Sunday Times v UK 2 E.H.R.R 245 (1979), is a lower court reference. It may be unnecessary because it was of the higher ECtHR.