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

Defending media freedom in Poland

The European Commission has adopted a framework to address threats to the rule of law by member states. The framework, which was initiated against Poland due to changes to its Media Law, entails a three-stage process of assessment, recommendations and monitoring

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German Court negates injunctive relief concerning research work

The Higher Regional Court of Hamburg has ruled that the plaintiff's interest against the footage made of him did not outweigh the broadcaster's freedom of the press, which also includes research work and collecting information and footage

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ECJ: Commission has to enable access to written submissions

The European Commission refused a German Pirate Party deputy access to Austria-related written submissions. After the party deputy filed a lawsuit, the European Court of Justice decided in his favor, in accordance with a decree overseeing access to EU government documents

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German Press Council deals with coverage of refugee crisis and footage of murder

Dealing with complaints about the coverage of the refugee crisis, the German Press Council legitimizes the use of emotional pictures if they serve the public interest by showing the result of war and the risky business with smuggling gangs

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Germany: Press Freedom does not take precedence over relations with Ukraine and Russia

On 8 December 2015, the 6th Senate of the Higher Administrative Court of Berlin-Brandenburg decided that the Federal Government is not obliged to give information to a representative of the press on a report of the German ambassador in Ukraine

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Freedom of Expression and Information - 2014 ECHR and CJEU Case Law

A review of the European Court of Human Rights and European Court of Justice 2014 case-law on freedom of expression, media and journalistic freedoms

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Press freedom in the EU: Legal framework and challenges

The European Parliamentary Research Service (EPRS) provides with this short briefing, an effective contextualization of the legal framework and the challenges for Press freedom in the EU

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Romania: Investigative journalism law rejected by the Senate

The Romanian Senate rejected the draft of a law that legislators say intended to fight corruption by rewarding investigative journalists and other whistleblowers. The proposed law called for a special fund that would support people who reported on corruption via the mass media or via complaints to investigating and prosecuting bodies

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Use of personally-identifying information in reporting in Germany

A German court ruled that the interest of the public in the case of a dentist under investigation for aggravated assault takes precedence over the plaintiff's right to privacy. The plaintiff had sued for an injunction to stop a newspaper from publishing further articles pertaining to the case where he could be easily identified

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A Review of the European Court’s Freedom of Expression Cases in 2013

A review of the ECHR 2013 case-law on freedom of expression, media and journalistic freedoms

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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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