Jersild v Denmark: ECHR 20 Oct 1994

A journalist was wrongly convicted himself of spreading racial hatred by quoting racists in his material.
Held: Freedom of expression is one of the essential foundations of a democratic society. The safeguards to be afforded to the press are of particular importance. ‘Whilst the press must not overstep the bounds set, inter alia, in the interest of ‘the protection of the reputation and rights of others’, it is nevertheless incumbent on it to impart information and ideas of public interest. Not only does the press have the task of imparting such information and ideas: the public also has a right to receive them. Were it otherwise, the press would be unable to play its vital role of ‘public watchdog’.’ The freedom of the press to exercise its own judgment in the presentation of journalistic material was emphasised: ‘At the same time, the methods of objective and balanced reporting may vary considerably, depending among other things on the media in question. It is not for this court, nor for the national courts for that matter, to substitute their own views for those of the press as to what technique of reporting should be adopted by journalists. In this context the court recalls that article 10 protects not only the substance of the ideas and information expressed, but also the form in which they are conveyed.’
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings

Citations:

Times 20-Oct-1994, (1994) 19 EHRR 1, [1994] ECHR 33, 15890/89

Links:

Worldlii, Bailii

Cited by:

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CitedConnolly v Director of Public Prosecutions Admn 15-Feb-2007
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CitedAnimal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
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CitedCallaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
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CitedAttorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order HL 17-Jun-2009
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order . .
CitedMGN Limited v United Kingdom ECHR 18-Jan-2011
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CitedCore Issues Trust v Transport for London Admn 22-Mar-2013
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 19 May 2022; Ref: scu.82518