MONNAT v. SWITZERLAND - 73604/01 [2006] ECHR 1206 (21 September 2006)

MONNAT v. SWITZERLAND - 73604/01 [2006] ECHR 1206 (21 September 2006)

The Court found that the applicant was directly affected by the suspension of sales of his programme following the Complaints Authority's decision, establishing victim status. The interference with his freedom of expression was prescribed by law and pursued a legitimate aim (protection of viewers' rights), but was...

Source-derived case information.

Citation
[2006] ECHR 1206
Parties
Applicant: Daniel Monnat; Respondent: Swiss Confederation
Jurisdiction
European Union
Judgment Date
21 September 2006
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Admissibility
Outcome
Violation of Article 10 ECHR found
Legal Topics
Freedom of Expression, Broadcasting Regulation, Journalistic Diligence, Victim Status Under ECHR
Human Rights Law Media Law Administrative Law Freedom of Expression Broadcasting Regulation Journalistic Diligence Victim Status Under ECHR

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Summary, issues, holding and outcome

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Parties

Daniel Monnat

Applicant

Swiss Confederation

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Admissibility

Legal Issues

  1. 1 Whether the applicant was a 'victim' under Article 34 ECHR
  2. 2 Whether there was interference with freedom of expression under Article 10 ECHR
  3. 3 Whether the interference was justified under Article 10(2) ECHR

Ratio Decidendi

The Court found that the applicant was directly affected by the suspension of sales of his programme following the Complaints Authority's decision, establishing victim status. The interference with his freedom of expression was prescribed by law and pursued a legitimate aim (protection of viewers' rights), but was not necessary in a democratic society. The authorities' actions were disproportionate, lacked relevant and sufficient reasons, and risked discouraging media participation in public debate on matters of legitimate public concern.

Court Disposition

Violation of Article 10 ECHR found

Orders

  • Complaint declared admissible
  • Swiss authorities found to have violated Article 10 ECHR