MEDIPRESS-SOCIEDADE JORNALISTICA, LDA v. PORTUGAL - 55442/12 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 718 (30 August 2016)

MEDIPRESS-SOCIEDADE JORNALISTICA, LDA v. PORTUGAL - 55442/12 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 718 (30 August 2016)

The Court found that the national courts failed to consider the article's ironic tone and context as political critique, mischaracterized it as a personal attack, and did not properly assess the factual basis for the journalist's statements. The interference with the applicant's freedom of expression was...

Source-derived case information.

Citation
[2016] ECHR 718
Parties
Applicant: Medipress-Sociedade Jornalística, Lda; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 10 of the Convention found; just satisfaction awarded.
Legal Topics
Freedom of Expression, Defamation, Protection of Reputation, Press Freedom, Balancing of Rights
Human Rights Law Media Law Civil Liability Freedom of Expression Defamation Protection of Reputation Press Freedom Balancing of Rights

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Parties

Medipress-Sociedade Jornalística, Lda

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits and Just Satisfaction

  1. 1 Whether the applicant's civil liability for publishing an opinion article violated its right to freedom of expression under Article 10 of the Convention.

Ratio Decidendi

The Court found that the national courts failed to consider the article's ironic tone and context as political critique, mischaracterized it as a personal attack, and did not properly assess the factual basis for the journalist's statements. The interference with the applicant's freedom of expression was disproportionate to the legitimate aim of protecting reputation, violating Article 10.

Court Disposition

Violation of Article 10 of the Convention found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 30,000 EUR for pecuniary damage, plus any tax due.
  • The respondent State must pay the applicant 8,919 EUR for costs and expenses, plus any tax due.