CEEECHR rules in favor of Slovenian journalist
The European Court of Human Rights (ECHR) has just handed down two judgments upholding journalists’ rights. The first upholds the conviction of a blogger who had insulted and threatened journalists in Slovenia. The second condemns Switzerland for having unjustly prosecuted journalists from the daily newspaper “Le Courrier” following their investigation into the Geneva-based billionaire Jean-Claude Gandur, the EFJ reports.
Between 2010 and 2012, Slovenian blogger Mitja Kunstelj continuously targeted two journalists, publishing posts containing vulgar language, slurs, and false allegations regarding their private and sexual conduct. The journalists repeatedly sought civil remedies and restraining orders, which the blogger ignored. Mitja Kunstelj continued to republish deleted entries and openly stated he had no intention to stop. Domestic Slovenian courts convicted him of insult and slander, imposing a six-month prison sentence. On 7 July, the ECHR ruled that the blogger’s freedom of expression was not violated. The Court took into account the fact that freedom of expression does not protect systematic defamation, prolonged harassment, or severe insults to the dignity of others. The Court also noted that because the applicant refused to pay civil fines or comply with interim injunctions, the prison sentence was deemed a necessary and proportionate response to stop repeated and persistent attacks. RELATED
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