Turkey – prison sentence imposed by Diyarbakir National Security Court on account of a statement to journalists (Articles 168 and 312 of the Criminal Code) – accused unable to appear at hearing in that court (Article 226 – 4 of the Code of Criminal Procedure in force at material time) – length of criminal proceedings against him.
In reviewing the necessity for the interference with the right to freedom of speech, the court will ask not only whether the standards applied by the national authorities were in conformity with Art 10 but also whether they based themselves on unacceptable assessment of the relevant facts. Article 10 ‘is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’.’
Citations:
18954/91, [1997] ECHR 94, [2011] ECHR 2394
Links:
Statutes:
European Convention on Human Rights 10
Cited by:
Cited – Dow Jones and Co Inc v Jameel CA 3-Feb-2005
Presumption of Damage in Defamation is rebuttable
The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US . .
Cited – Interfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
Cited – City of London v Samede and Others QBD 18-Jan-2012
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Media
Updated: 04 June 2022; Ref: scu.165562