Lombardo and others v Malta - 7333/06 [2011] ECHR 1579 (08 August 2011)

Lombardo and others v Malta - 7333/06 [2011] ECHR 1579 (08 August 2011)

The European Court found that the applicants' article did not exceed the bounds of acceptable criticism, had an adequate factual basis, and that the civil libel judgment and damages, though modest, were likely to dissuade criticism of public policy, making the interference unnecessary in a democratic society and thus a violation of Article 10.

Citation
[2011] ECHR 1579
Parties
Applicants: Lombardo and others; Respondent: Malta
Jurisdiction
European Union
Judgment Date
08 August 2011
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment and Supervision by Committee of Ministers
Outcome
Case closed; execution of judgment completed.
Legal Topics
Freedom of Expression, Civil Libel, Defamation, Article 10 ECHR
Human Rights Law Constitutional Law Freedom of Expression Civil Libel Defamation Article 10 ECHR

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Parties

Lombardo and others

Applicants

Malta

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment and Supervision by Committee of Ministers

Legal Issues

  1. 1 Whether the civil libel judgment against the applicants constituted a disproportionate interference with their right to freedom of expression under Article 10 of the Convention

Ratio Decidendi

The European Court found that the applicants' article did not exceed the bounds of acceptable criticism, had an adequate factual basis, and that the civil libel judgment and damages, though modest, were likely to dissuade criticism of public policy, making the interference unnecessary in a democratic society and thus a violation of Article 10.

Court Disposition

Case closed; execution of judgment completed.

Orders

  • Payment of just satisfaction to applicants for pecuniary damages.
  • No further individual measures required.