The Florida Star v. B. J. F.
On June 21, 1989, the Supreme Court of the United States held that imposing damages on a newspaper for publishing an article detailing the facts…
On June 21, 1989, the Supreme Court of the United States held that imposing damages on a newspaper for publishing an article detailing the facts…
ARTICLE 19 has filed a third-party intervention submission before the European Court of Human Rights (ECtHR) in the case Ganbarova and Others v Azerbaijan, where the Court…
The initiative’s director, Dr. Agnès Callamard, published a paper in the National Law Review, titled “Comity for Internet? Recent Court Decisions on the Right to…
Selahattin Demirtaş v. Turkey (no. 2): Prosecution of An Opposition Leader in Turkey
On June 16, 2015, the European Court of Human Rights (ECtHR) delivered judgement on Delfi AS v. Estonia. Delfi AS, one of Estonia’s largest online news…
Published in International Journal for the Semiotics of Law – Revue internationale de Sémiotique juridique, November 2023 Abstract In 2023, the Grand Chamber of the…
by Atmaja Tripathy[1] In an era where expression via the internet is recognised as a quintessential part of freedom of speech and expression[2], sovereigns are…
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.
The ruling marked a departure from earlier legal doctrines regarding the scope of the First Amendment concerning antiwar activism and free speech. Unlike previous rulings,…
Following is a re-post of an analysis from 4 New Square Chambers. Introduction The European Court of Human Rights’ recent decision in Big Brother Watch…