PARASKEVOPOULOS v. GREECE - 64184/11 (Judgment : Article 10 - Freedom of expression-{general} : First Section) [2018] ECHR 552 (28 June 2018)

PARASKEVOPOULOS v. GREECE - 64184/11 (Judgment : Article 10 - Freedom of expression-{general} : First Section) [2018] ECHR 552 (28 June 2018)

Greek courts failed to apply principles of Article 10 ECHR; did not adequately balance applicant's freedom of expression with E.P.'s right to reputation; criminal conviction and suspended prison sentence for criticism of a local politician was disproportionate and not necessary in a democratic society; interference...

Source-derived case information.

Citation
[2018] ECHR 552
Parties
Applicant: Panagiotis Paraskevopoulos; Respondent: Hellenic Republic
Jurisdiction
European Union
Judgment Date
28 June 2018
Procedural Posture
Application Under Article 34 ECHR / Final Judgment by European Court of Human Rights
Outcome
Violation of Article 10 ECHR found; application admissible; applicant awarded compensation.
Legal Topics
Freedom of Expression, Defamation, Insult, Balancing Article 10 and Article 8 ECHR, Proportionality of Sanctions
Human Rights Criminal Law Civil Law Freedom of Expression Defamation Insult Balancing Article 10 and Article 8 ECHR Proportionality of Sanctions

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Parties

Panagiotis Paraskevopoulos

Applicant

Hellenic Republic

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment by European Court of Human Rights

Legal Issues

  1. 1 Whether criminal conviction for insult via press violated Article 10 ECHR
  2. 2 Whether domestic courts struck a fair balance between freedom of expression and protection of reputation under Article 8 ECHR
  3. 3 Proportionality of criminal sanctions for statements about public officials

Ratio Decidendi

Greek courts failed to apply principles of Article 10 ECHR; did not adequately balance applicant's freedom of expression with E.P.'s right to reputation; criminal conviction and suspended prison sentence for criticism of a local politician was disproportionate and not necessary in a democratic society; interference violated Article 10.

Court Disposition

Violation of Article 10 ECHR found; application admissible; applicant awarded compensation.

Orders

  • Respondent State to pay applicant EUR 7,000 for non-pecuniary damage.
  • Respondent State to pay applicant EUR 5,655 for costs and expenses.