Reznik v. Russia - 4977/05 - Legal Summary [2013] ECHR 480 (04 April 2013)
The applicant's statements did not exceed the limits of acceptable criticism, were based on sufficient factual grounds, did not identify the claimants, and the domestic courts failed to perform the necessary balancing exercise between freedom of expression and protection of reputation. The sanction, though minor,...
Source-derived case information.
- Citation
- [2013] ECHR 480
- Parties
- Applicant: Reznik; Respondent: Russia
- Jurisdiction
- European Union
- Judgment Date
- 04 April 2013
- Procedural Posture
- Defamation Proceedings / Judgment on Merits by European Court of Human Rights
- Outcome
- violation of Article 10 (freedom of expression) found unanimously
- Legal Topics
- Freedom of Expression, Defamation, Legal Profession, Public Interest Debate
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Summary, issues, holding and outcome
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Parties
Reznik
Applicant
Russia
Respondent
Procedural Posture
Defamation Proceedings / Judgment on Merits by European Court of Human Rights
Legal Issues
- 1 Whether the defamation judgment against the applicant violated his right to freedom of expression under Article 10 of the European Convention on Human Rights
Ratio Decidendi
The applicant's statements did not exceed the limits of acceptable criticism, were based on sufficient factual grounds, did not identify the claimants, and the domestic courts failed to perform the necessary balancing exercise between freedom of expression and protection of reputation. The sanction, though minor, was not justified and could have a deterrent effect on freedom of expression.
Court Disposition
violation of Article 10 (freedom of expression) found unanimously
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