(European Commission of Human Rights) The Commission answered a question as to admissibility, namely whether the sentencing of a convicted criminal defendant in private infringed article 10. The complainants were two freelance journalists.
Held: The Commission considered that the principle established in cases such as Leander paragraph 74, ‘may not apply with the same force in the context of court proceedings’, in the light of the need to have regard to article 6 and ‘the important role played by the press in the administration of justice’. Even if article 10 was engaged, there was a ‘pressing social need’ for the sentencing in that particular case being conducted in private.
‘The Commission considers however that the general principles stated by the Court may not apply with the same force in the context of court proceedings . . In order that the media may perform their function of imparting information there is a need that they should be accurately informed . . Assuming that the decision of the court to hold part of the proceedings in camera constituted an interference with the applicants’ right to receive and impart information as guaranteed by article 10 para 1 of the Convention, the Commission must consider whether this interference was prescribed by law and whether it was necessary in a democratic society for one or more of the purposes set out in article 10 para 2 of the Convention.’
133666/87, (1990) 67 DR 244
European Convention on Human Rights 10
Human Rights
Citing:
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Cited by:
Cited – A v Independent News and Media Ltd and Others CA 31-Mar-2010
The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.
Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Media
Updated: 16 December 2021; Ref: scu.406782