The European Court of Human Rights (ECtHR) 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.
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 ECtHR 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.
The European Court’s other ruling, handed down on 9 July, concerns abusive legal proceedings (SLAPPs) in Switzerland which led to the conviction of the daily newspaper “Le Courrier” and its journalists, following an investigation in the public interest into the Geneva-based billionaire Jean Claude Gandur. The Court ruled that their condemnation in the civil case violated their freedom of expression, considering that the article was based on established facts. The court also ruled that the newspaper and the journalists should be awarded compensation for moral damages, as well as all legal costs, acknowledging that the legal fees demanded by the Swiss judiciary were a significant deterrent for independent media.
“The ECtHR’s decision, which puts freedom of expression and democratic interests back at the heart of the debate, is to be welcomed,” said syndicom, one of the Swiss affiliates of the EFJ and the IFJ. “The nature of the journalistic investigation (public-private partnerships in connection with the refurbishment of a municipal museum in Geneva) and the identity of Jean Claude Gandur (a businessman and philanthropist) are elements of a legitimate and necessary investigation. In this respect, “Le Courrier” has fulfilled its mandate, which is based on the right to inform in order to inform public debate.”
“In a European context where public authorities, those in power and radical bloggers no longer hesitate to attack journalists, we must wholeheartedly welcome the European Court’s case law, which protects journalists’ right to carry out their work, and thus citizens’ right to access information,” said EFJ President Maja Sever. “Those who insult journalists and those who unjustly take them to court must know that they will be held to account by the courts.”
Source: EFJ
