Legal Resources

News on notable legislative changes and other legal issues. Special attention is paid to significant trials marking the emergence of some new jurisprudence

Media before Serbian Courts: A Struggle to Reach European Standards

In the field of the media law, Serbian courts are reluctant to adapt to European Court of Human Rights case-law. Serbian NGO YUCOM identified a number of gaps in the jurisprudence and formulated recommendations to address them

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Köksal v. Turkey: Excessive Formalism or Strict Adherence to Admissibility Criteria?

Recently the European Court of Human Rights declared thousands of cases from Turkey inadmissible for failure to exhaust newly-available domestic remedies. The authors look at the context and content of the inadmissibility decision

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Brambilla v. Italy

In a case involving illegal interception of police communication by three Italian journalists, ECtHR reiterates that Article 10 ECHR sets out limits to the protection afforded to the right to freedom of expression which remains valid even where the press reports on serious questions of general interest

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“Tackling Illegal Content Online”: A Step towards Full Legitimation of Private Censorship Online?

On 28 September 2017, the European Commission published its Communication “Tackling Illegal Content Online”, raising concern about the risks for private censorship by online platforms and the modalities of its implementation

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Protection of journalistic sources is a basic condition for press freedom

The new judgment Becker v. Norway by the European Court of Human Rights strengthens the protection of journalistic sources

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Journalists dismissed from Polish public radio return to work

Two journalists were dismissed in December 2016 from Polish Radio for "disciplinary reasons". Both filed a court action against the dismissal and are now reinstatement to their job

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Free speech and EU Commission's communication on "Tackling Illegal Content Online"

An anaysis by European Digital Rights (EDRi) following the EU Commission Communication "Tackling Illegal Content Online", addressing its potential risks for free speech

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The Russian VPN ban: another round in the battle for a free Internet

In the Russian Federation, a new Law that prohibits anonymizers and VPN usage is to enter into force on 1 November 2017. What are VPNs and what does this law mean for freedom of expression? The author attempts to disentangle the technicalities at stake

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Restrictions on parliamentary reporting violates free expression: MLDI files intervention at European Court

MLDI and four other NGOs have filed a third-party intervention in the European Court of Human Rights case of Iván Szabolcs Mándli and Others v. Hungary. The Court will examine the circumstances under which journalists may be forbidden from entering and reporting from public fora, such as parliamentary premises

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Turkey: the legality of post-coup actions and the use of Bylock App as evidence in trials

An opinion on the legality of the Turkish state's reactions following the 2016 attempted coup and of the controversial use of certain facts as evidences of support or membership to a terrorist organization

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Audiovisual Media Services Directive

The EU Audiovisual Media Services Directive (AVMSD) governs EU-wide coordination of national legislation on all audiovisual media, both traditional TV broadcasts and on-demand services

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European Convention on Human Rights

Article 10 of the European Convention on Human Rights (ECHR) is devoted to Freedom of expressions and defines the admissible conditions under which this freedom may be restricted

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European Charter on the Freedom of the Press

The charter formulates principles for the freedom of the press from government interference - in particular for their right to safety from surveillance, electronic eavesdropping and searches of editorial departments and computers, and to unimpeded access for journalists and citizens to all domestic and foreign sources of information

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European Charter on Fundamental Rights

Article 11 of the European Charter on Fundamental Rights Human Rights is devoted to Freedom of expression and information

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Resolution on the Ethics of Journalism (CoE)

A 1993 Resolution by the Parliamentary Assembly of the Council of Europe exploring different aspects of the ethics of journalism

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General comment No. 34 on Article 19 ICCPR

The UN Human Rights Committee's fundamental remarks on Article 19 of the International Covenant on Civil and Political Rights (ICCPR) on freedoms of opinion and expression

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