POLANCO TORRES and MOVILLA POLANCO v. SPAIN - 34147/06 [2010] ECHR 1341 (21 September 2010)

POLANCO TORRES and MOVILLA POLANCO v. SPAIN - 34147/06 [2010] ECHR 1341 (21 September 2010)

The Court found that the journalist had used all effective means to verify the information, including consulting the primary source and publishing the applicant's denial, and that the article concerned a matter of public interest. The Constitutional Court's reasoning was sufficient to justify prioritizing freedom of...

Source-derived case information.

Citation
[2010] ECHR 1341
Parties
Applicant: Elisa Polanco Torres; Applicant: Emma Movilla Polanco; Respondent: Government of Spain
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Application dismissed (no violation found)
Legal Topics
Right to Private Life, Freedom of Expression, Protection of Honour and Reputation, Positive Obligations of the State, Journalistic Diligence, Discrimination, Procedural Rights
Human Rights Law Media Law Civil Law Right to Private Life Freedom of Expression Protection of Honour and Reputation Positive Obligations of the State Journalistic Diligence +2 more

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Parties

Elisa Polanco Torres

Applicant

Emma Movilla Polanco

Applicant

Government of Spain

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the publication of a newspaper article constituted a violation of the applicants' right to respect for private life under Article 8 of the European Convention on Human Rights
  2. 2 Whether the difference in treatment between two newspapers constituted discrimination under Article 14 in conjunction with Article 8
  3. 3 Whether there was a lack of impartiality under Article 6

Ratio Decidendi

The Court found that the journalist had used all effective means to verify the information, including consulting the primary source and publishing the applicant's denial, and that the article concerned a matter of public interest. The Constitutional Court's reasoning was sufficient to justify prioritizing freedom of expression over the applicants' right to reputation. The difference in treatment between the two newspapers was justified by differences in verification and presentation. No violation of Article 8 or Article 14 was found.

Court Disposition

Application dismissed (no violation found)