Freedom of expression versus privacy and the right to reputation : how to preserve public interest journalism
- Author
- Dirk Voorhoof (UGent)
- Organization
- Abstract
- The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing amount and expanding potential of conflicts between the right to freedom of expression and media freedom, on the one hand (Article 10), and the right of privacy and the right to have one’s honour and reputation protected, on the other (Article 8). To address and analyze the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in the case Axel Springer AG v Germany (no. 1) are identified and explained, completed with an analysis and evaluation of the Court’s subsequent jurisprudence in defamation cases, involving public persons.
- Keywords
- Freedom of expression and information, journalism, public persons, reputation, privacy, public interest, criteria for balancing assessment, margin of appreciation, strict scrutiny, fair balance, HRC
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-8528232
- MLA
- Voorhoof, Dirk. “Freedom of Expression versus Privacy and the Right to Reputation : How to Preserve Public Interest Journalism.” When Human Rights Clash at the European Court of Human Rights, edited by Stijn Smet and Eva Brems, Oxford University Press, 2017, pp. 148–70.
- APA
- Voorhoof, D. (2017). Freedom of expression versus privacy and the right to reputation : how to preserve public interest journalism. In S. Smet & E. Brems (Eds.), When human rights clash at the European Court of Human Rights (pp. 148–170). Oxford: Oxford University Press.
- Chicago author-date
- Voorhoof, Dirk. 2017. “Freedom of Expression versus Privacy and the Right to Reputation : How to Preserve Public Interest Journalism.” In When Human Rights Clash at the European Court of Human Rights, edited by Stijn Smet and Eva Brems, 148–70. Oxford: Oxford University Press.
- Chicago author-date (all authors)
- Voorhoof, Dirk. 2017. “Freedom of Expression versus Privacy and the Right to Reputation : How to Preserve Public Interest Journalism.” In When Human Rights Clash at the European Court of Human Rights, ed by. Stijn Smet and Eva Brems, 148–170. Oxford: Oxford University Press.
- Vancouver
- 1.Voorhoof D. Freedom of expression versus privacy and the right to reputation : how to preserve public interest journalism. In: Smet S, Brems E, editors. When human rights clash at the European Court of Human Rights. Oxford: Oxford University Press; 2017. p. 148–70.
- IEEE
- [1]D. Voorhoof, “Freedom of expression versus privacy and the right to reputation : how to preserve public interest journalism,” in When human rights clash at the European Court of Human Rights, S. Smet and E. Brems, Eds. Oxford: Oxford University Press, 2017, pp. 148–170.
@incollection{8528232, abstract = {{The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing amount and expanding potential of conflicts between the right to freedom of expression and media freedom, on the one hand (Article 10), and the right of privacy and the right to have one’s honour and reputation protected, on the other (Article 8). To address and analyze the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in the case Axel Springer AG v Germany (no. 1) are identified and explained, completed with an analysis and evaluation of the Court’s subsequent jurisprudence in defamation cases, involving public persons.}}, author = {{Voorhoof, Dirk}}, booktitle = {{When human rights clash at the European Court of Human Rights}}, editor = {{Smet, Stijn and Brems, Eva}}, isbn = {{9780198795957}}, keywords = {{Freedom of expression and information,journalism,public persons,reputation,privacy,public interest,criteria for balancing assessment,margin of appreciation,strict scrutiny,fair balance,HRC}}, language = {{eng}}, pages = {{148--170}}, publisher = {{Oxford University Press}}, title = {{Freedom of expression versus privacy and the right to reputation : how to preserve public interest journalism}}, url = {{https://global.oup.com/academic/product/when-human-rights-clash-at-the-european-court-of-human-rights-9780198795957?cc=au&lang=en&}}, year = {{2017}}, }