Braun v. Poland - 30162/10 - Legal Summary [2014] ECHR 1419 (04 November 2014)

Braun v. Poland - 30162/10 - Legal Summary [2014] ECHR 1419 (04 November 2014)

The Court found that requiring the applicant, as a non-journalist, to prove the veracity of his statements rather than applying a standard of due diligence and good faith, was not a relevant and sufficient reason under Article 10. The distinction made by the domestic courts was incompatible with the Convention, resulting in a violation of the applicant's right to freedom of expression.

Citation
[2014] ECHR 1419
Parties
Applicant: Braun; Respondent: Poland
Jurisdiction
European Union
Judgment Date
04 November 2014
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
violation of Article 10 found unanimously
Legal Topics
Freedom of Expression, Defamation, Journalistic Standards
Human Rights Law Freedom of Expression Defamation Journalistic Standards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Braun

Applicant

Poland

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether requiring non-journalists to prove the veracity of their allegations, as opposed to applying a standard of due diligence and good faith, violates Article 10 of the European Convention on Human Rights

Ratio Decidendi

The Court found that requiring the applicant, as a non-journalist, to prove the veracity of his statements rather than applying a standard of due diligence and good faith, was not a relevant and sufficient reason under Article 10. The distinction made by the domestic courts was incompatible with the Convention, resulting in a violation of the applicant's right to freedom of expression.

Court Disposition

violation of Article 10 found unanimously

Orders

  • EUR 8,000 awarded for pecuniary damage
  • EUR 3,000 awarded for non-pecuniary damage