Barata Monteiro da Costa Nogueira and Patrício Pereira v. Portugal - 4035/08 (French text) [2011] ECHR 2274 (11 January 2011)

Barata Monteiro da Costa Nogueira and Patrício Pereira v. Portugal - 4035/08 (French text) [2011] ECHR 2274 (11 January 2011)

The interference with applicants' freedom of expression was justified and proportionate, as their statements lacked a solid factual basis and were not made in good faith. The penalty imposed was not excessive and did not have a chilling effect. There was no violation of Article 10.

Source-derived case information.

Citation
[2011] ECHR 2274
Parties
Applicant: Paula Cristina Barata Monteiro da Costa Nogueira; Applicant: Bruno Patrício Moreira; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
application dismissed
Legal Topics
Freedom of Expression, Defamation, Fair Trial
Human Rights Criminal Law Freedom of Expression Defamation Fair Trial

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Parties

Paula Cristina Barata Monteiro da Costa Nogueira

Applicant

Bruno Patrício Moreira

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the applicants' conviction for defamation violated their right to freedom of expression under Article 10 of the Convention
  2. 2 Whether the domestic courts' assessment of facts violated Article 6 (right to a fair trial)

Ratio Decidendi

The interference with applicants' freedom of expression was justified and proportionate, as their statements lacked a solid factual basis and were not made in good faith. The penalty imposed was not excessive and did not have a chilling effect. There was no violation of Article 10.

Court Disposition

application dismissed

Orders

  • The application is declared admissible as to Article 10 and inadmissible as to the remainder.
  • By four votes to three, the Court finds no violation of Article 10 of the Convention.