PAIS PIRES DE LIMA v. PORTUGAL - 70465/12 (Judgment : Article 10 - Freedom of expression-{general} : Fourth Section) French Text [2019] ECHR 135 (12 February 2019)

PAIS PIRES DE LIMA v. PORTUGAL - 70465/12 (Judgment : Article 10 - Freedom of expression-{general} : Fourth Section) French Text [2019] ECHR 135 (12 February 2019)

The damages awarded to the applicant for defamation of a judge were disproportionate to the legitimate aim pursued, given the context (confidential disciplinary complaint, lack of public dissemination), and thus the interference with freedom of expression was not necessary in a democratic society, resulting in a...

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Citation
[2019] ECHR 135
Parties
Applicant: Joaquim António Pais Pires de Lima; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation of Article 10 (freedom of expression) found
Legal Topics
Freedom of Expression, Defamation, Protection of Reputation, Disciplinary Proceedings, Damages
Human Rights Civil Liability Freedom of Expression Defamation Protection of Reputation Disciplinary Proceedings Damages

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Parties

Joaquim António Pais Pires de Lima

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the applicant's civil liability for defamation of a judge violated Article 10 (freedom of expression) of the European Convention on Human Rights
  2. 2 Whether the damages awarded were proportionate and necessary in a democratic society

Ratio Decidendi

The damages awarded to the applicant for defamation of a judge were disproportionate to the legitimate aim pursued, given the context (confidential disciplinary complaint, lack of public dissemination), and thus the interference with freedom of expression was not necessary in a democratic society, resulting in a violation of Article 10.

Court Disposition

violation of Article 10 (freedom of expression) found

Orders

  • Applicant's relatives and heir recognized as having standing to continue the proceedings
  • Application declared admissible