AMORIM GIESTAS AND JESUS COSTA BORDALO v. PORTUGAL - 37840/10 - Chamber Judgment (French text) [2014] ECHR 357 (03 April 2014)

AMORIM GIESTAS AND JESUS COSTA BORDALO v. PORTUGAL - 37840/10 - Chamber Judgment (French text) [2014] ECHR 357 (03 April 2014)

The applicants' conviction for defamation was not necessary in a democratic society because their articles concerned matters of public interest, were based on verified facts, and the penalties imposed were disproportionate; thus, there was a violation of Article 10 of the Convention.

Source-derived case information.

Citation
[2014] ECHR 357
Parties
Applicant: Fernando Manuel Amorim Giestas; Applicant: Isabel Teresa Jesus Costa Bordalo; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation of Article 10 ECHR found; applicants' claim allowed
Legal Topics
Freedom of Expression, Defamation, Journalistic Responsibility, Protection of Reputation
Human Rights Media Law Criminal Law Freedom of Expression Defamation Journalistic Responsibility Protection of Reputation

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Parties

Fernando Manuel Amorim Giestas

Applicant

Isabel Teresa Jesus Costa Bordalo

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether criminal conviction for defamation violated applicants' right to freedom of expression under Article 10 of the European Convention on Human Rights

Ratio Decidendi

The applicants' conviction for defamation was not necessary in a democratic society because their articles concerned matters of public interest, were based on verified facts, and the penalties imposed were disproportionate; thus, there was a violation of Article 10 of the Convention.

Court Disposition

violation of Article 10 ECHR found; applicants' claim allowed

Orders

  • State must pay applicants 11,753 EUR for material damage.
  • State must pay applicants 5,000 EUR for costs and expenses.