ALMEIDA LEITAO BENTO FERNANDES v. PORTUGAL - 25790/11 - Chamber Judgment (French Text) [2015] ECHR 291 (12 March 2015)

ALMEIDA LEITAO BENTO FERNANDES v. PORTUGAL - 25790/11 - Chamber Judgment (French Text) [2015] ECHR 291 (12 March 2015)

The Court held that the applicant's conviction and sanctions for defamation and damage to the memory of a deceased were prescribed by law, pursued the legitimate aim of protecting the reputation and rights of others, and were necessary in a democratic society. The domestic courts properly balanced the applicant's...

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Citation
[2015] ECHR 291
Parties
Applicant: Maria de Fátima Almeida Leitão Bento Fernandes; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
No violation of Article 10 of the Convention.
Legal Topics
Freedom of Expression, Defamation, Right to Private Life, Artistic Freedom
Human Rights Law Criminal Law Freedom of Expression Defamation Right to Private Life Artistic Freedom

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Parties

Maria de Fátima Almeida Leitão Bento Fernandes

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the applicant's conviction for defamation and damage to the memory of a deceased violated her right to freedom of expression under Article 10 of the Convention.

Ratio Decidendi

The Court held that the applicant's conviction and sanctions for defamation and damage to the memory of a deceased were prescribed by law, pursued the legitimate aim of protecting the reputation and rights of others, and were necessary in a democratic society. The domestic courts properly balanced the applicant's freedom of expression with the private life rights of the complainants, and the interference was not disproportionate given the circumstances. Therefore, there was no violation of Article 10 of the Convention.

Court Disposition

No violation of Article 10 of the Convention.