Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses partial award – Convention proceedings
Politicians ‘ . . inevitably and knowingly lay themselves open to close scrutiny of word and deed by both journalists and the public at large’. Nevertheless, private individuals too will lay themselves open to such scrutiny if they voluntarily enter the arena of public debate, and then need to show ‘ . . a higher degree of tolerance to criticism when opponents consider their aims and means employed in that debate’.
26958/95, 37 EHRR 25,  ECHR 122, (2003) 37 EHRR 25
Cited – Keays v Guardian Newspapers Limited, Alton, Sarler QBD 1-Jul-2003
The claimant asserted defamation by the defendant. The parties sought a decision on whether the article at issue was a comment piece, in which case the defendant could plead fair comment, or one asserting fact, in which case that defence would not . .
Cited – Spiller and Another v Joseph and Others SC 1-Dec-2010
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal.
Held: The defendants’ appeal succeeded, and the fair . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 September 2021; Ref: scu.166042