Haldimann and Others v. Switzerland - 21830/09 - Legal Summary [2015] ECHR 494 (24 February 2015)

Haldimann and Others v. Switzerland - 21830/09 - Legal Summary [2015] ECHR 494 (24 February 2015)

The interference with the applicants' freedom of expression was not justified because the documentary addressed a matter of major public interest, the broker's identity was protected, and the impact on his private life was limited; thus, the penalties imposed constituted a violation of Article 10.

Citation
[2015] ECHR 494
Parties
Applicants: Haldimann and Others; Respondent: Switzerland
Jurisdiction
European Union
Judgment Date
24 February 2015
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 10 (freedom of expression) found
Legal Topics
Freedom of Expression, Right to Privacy, Use of Hidden Cameras, Journalistic Ethics
Human Rights Law Media Law Freedom of Expression Right to Privacy Use of Hidden Cameras Journalistic Ethics

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Parties

Haldimann and Others

Applicants

Switzerland

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the conviction and fine imposed on journalists for using a hidden camera violated their right to freedom of expression under Article 10 of the European Convention on Human Rights

Ratio Decidendi

The interference with the applicants' freedom of expression was not justified because the documentary addressed a matter of major public interest, the broker's identity was protected, and the impact on his private life was limited; thus, the penalties imposed constituted a violation of Article 10.

Court Disposition

Violation of Article 10 (freedom of expression) found