Riolo v Italy - 42211/07 [2010] ECHR 979 (3 June 2010)

Riolo v Italy - 42211/07 [2010] ECHR 979 (3 June 2010)

The European Court found that the applicant's article, though provocative, addressed matters of general interest and did not constitute a gratuitous attack. The penalties imposed were disproportionate to the aim of protecting the reputation and rights of others, resulting in a violation of Article 10.

Citation
[2010] ECHR 979
Parties
Applicant: Riolo; Respondent: Italy
Jurisdiction
European Union
Judgment Date
03 June 2010
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Compliance Review
Outcome
Case closed; Italy complied with the judgment.
Legal Topics
Freedom of Expression, Defamation, Article 10 ECHR, Just Satisfaction, Restitutio in Integrum
Human Rights Law Constitutional Law Freedom of Expression Defamation Article 10 ECHR Just Satisfaction Restitutio in Integrum

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Parties

Riolo

Applicant

Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Compliance Review

Legal Issues

  1. 1 Whether the conviction of the applicant for defamation constituted a disproportionate interference with the right to freedom of expression under Article 10 of the Convention

Ratio Decidendi

The European Court found that the applicant's article, though provocative, addressed matters of general interest and did not constitute a gratuitous attack. The penalties imposed were disproportionate to the aim of protecting the reputation and rights of others, resulting in a violation of Article 10.

Court Disposition

Case closed; Italy complied with the judgment.

Orders

  • Italy paid the applicant EUR 72,000 in just satisfaction.
  • No further individual measures required.