DANES AND OTHERS v. ROMANIA - 44332/16 (Judgment : No Article 8 - Right to respect for private and family life : Fourth Section) French Text [2021] ECHR 1034 (07 December 2021)

DANES AND OTHERS v. ROMANIA - 44332/16 (Judgment : No Article 8 - Right to respect for private and family life : Fourth Section) French Text [2021] ECHR 1034 (07 December 2021)

The national courts properly balanced the applicants' right to reputation under Article 8 with the journalist's freedom of expression under Article 10, applying the relevant ECHR criteria. The article addressed a matter of public interest, the applicants were public figures, the statements were either value...

Source-derived case information.

Citation
[2021] ECHR 1034
Parties
Applicant: Mihai Daneş; Applicant: Liviu Harbuz; Applicant: Viorel Andronie; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Judgment
Outcome
No violation of Article 8 of the Convention.
Legal Topics
Right to Respect for Private and Family Life, Freedom of Expression, Defamation, Reputation, Balancing of Rights, Obligations Positives De L'état
Human Rights Law Civil Law Right to Respect for Private and Family Life Freedom of Expression Defamation Reputation Balancing of Rights Obligations Positives De L'état

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Parties

Mihai Daneş

Applicant

Liviu Harbuz

Applicant

Viorel Andronie

Applicant

Government of Romania

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment

  1. 1 Whether the rejection of the applicants' civil action for protection of reputation after a press article violated Article 8 of the Convention (right to respect for private and family life)
  2. 2 Whether the national courts properly balanced the right to reputation with freedom of expression

Ratio Decidendi

The national courts properly balanced the applicants' right to reputation under Article 8 with the journalist's freedom of expression under Article 10, applying the relevant ECHR criteria. The article addressed a matter of public interest, the applicants were public figures, the statements were either value judgments with sufficient factual basis or factual assertions supported by evidence, and the journalist acted in good faith. There was no violation of Article 8.

Court Disposition

No violation of Article 8 of the Convention.

Orders

  • Joins the applications.
  • Declares the applications admissible.