SEFERI YILMAZ v. TURKEY - 61949/08 (Judgment : Right to respect for private and family life) French Text [2018] ECHR 171 (13 February 2018)

SEFERI YILMAZ v. TURKEY - 61949/08 (Judgment : Right to respect for private and family life) French Text [2018] ECHR 171 (13 February 2018)

For articles published in Hürriyet (applications 61949/08 and 44565/09), the Court found the publications were based on official documents, presented as allegations, and did not exceed the limits of journalistic freedom; Turkish courts provided an acceptable balance between press freedom and the applicant's right to...

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Citation
[2018] ECHR 171
Parties
Applicant: Seferi Yilmaz; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Judgment
Outcome
Partial violation of Article 8 (right to respect for private life)
Legal Topics
Right to Respect for Private and Family Life, Protection of Reputation, Freedom of Expression, Defamation, Balancing Privacy and Press Freedom
Human Rights Civil Law Media Law Right to Respect for Private and Family Life Protection of Reputation Freedom of Expression Defamation Balancing Privacy and Press Freedom

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Parties

Seferi Yilmaz

Applicant

Republic of Turkey

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment

  1. 1 Whether the publication of articles by Turkish newspapers violated the applicant's right to respect for private life and reputation under Article 8 of the European Convention on Human Rights
  2. 2 Whether Turkish authorities failed to protect the applicant against reputational harm caused by press coverage

Ratio Decidendi

For articles published in Hürriyet (applications 61949/08 and 44565/09), the Court found the publications were based on official documents, presented as allegations, and did not exceed the limits of journalistic freedom; Turkish courts provided an acceptable balance between press freedom and the applicant's right to reputation, so no violation of Article 8. For the article in Yeniçağ (application 38776/09), the Court found the reporting lacked nuance, presented accusations as established fact, failed to verify sources, and did not meet responsible journalism standards; Turkish courts did not adequately balance competing rights, resulting in a violation of Article 8.

Court Disposition

Partial violation of Article 8 (right to respect for private life)

Orders

  • No violation for applications 61949/08 and 44565/09 (Hürriyet articles)
  • Violation for application 38776/09 (Yeniçağ article)