The so-called “Iuventa case” (aka “Trapani case”) provides insights into the conventional frameworks that protect journalistic sources in Italy. In March 2021, after a nearly…
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.
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…
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.
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…
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…
Selahattin Demirtaş v. Turkey (no. 2): Prosecution of An Opposition Leader in Turkey
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…
Executive Summary The importance and imperative of press freedom – and the particular salience of consular assistance in securing it – is exposed and expressed…
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…
