Monday, August 2, 2010
When it comes to the protection of the freedom of the press, Article 10 of the European Convention on Human Rights, which protects the freedom of expression, fulfills a function similar to the First Amendment in controlling states’ regulation of damage to reputation. An analysis of the abundant case law of the European Court of Human Rights highlights the development of common professional standards for journalists, concerning publications with the potential to affect individuals’ reputations. It appears that the Court has developed distinct standards depending on the nature of the medium at issue, comprising two categories: information and opinions. It is clear that the Court wishes to promote and protect a press it considers serious and useful for the public debate.
Download the article from SSRN at the link.