Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases
In few of the many cases where the European Court of Human Rights has found a violation of Article 10, the Court has simultaneously stated that a specific restriction or sanction has an actual or a potential chilling effect for press freedom. The Article examines by way of the Court’s case law the...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Bergen
2018-05-01
|
| Series: | Bergen Journal of Criminal Law and Criminal Justice |
| Online Access: | https://voices.no/index.php/BJCLCJ/article/view/1555 |
| id |
doaj-dbd72f7c78de4a12ac70aad450ed3acd |
|---|---|
| record_format |
Article |
| spelling |
doaj-dbd72f7c78de4a12ac70aad450ed3acd2020-11-25T00:44:16ZengUniversity of BergenBergen Journal of Criminal Law and Criminal Justice1894-41832018-05-016110.15845/bjclcj.v6i1.1555Chilling Effect as a European Court of Human Rights’ Concept in Media Law CasesTrine Baumbach0Centre for Public Regulation and Administration, Faculty of Law, University of Copenhagen. In few of the many cases where the European Court of Human Rights has found a violation of Article 10, the Court has simultaneously stated that a specific restriction or sanction has an actual or a potential chilling effect for press freedom. The Article examines by way of the Court’s case law the notion of ‘chilling effect’. It is concluded that ‘chilling effect’ is a strong notion reserved for cases where something genuine is at stake. The notion points beyond the case at hand and has a negative impact on the applicant’s future task or – in its most severe form – a negative impact on the press as such to the outmost detriment of the public debate, the control of the establishment, and, thereby, to the impairment of society as a whole. https://voices.no/index.php/BJCLCJ/article/view/1555 |
| collection |
DOAJ |
| language |
English |
| format |
Article |
| sources |
DOAJ |
| author |
Trine Baumbach |
| spellingShingle |
Trine Baumbach Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases Bergen Journal of Criminal Law and Criminal Justice |
| author_facet |
Trine Baumbach |
| author_sort |
Trine Baumbach |
| title |
Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases |
| title_short |
Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases |
| title_full |
Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases |
| title_fullStr |
Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases |
| title_full_unstemmed |
Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases |
| title_sort |
chilling effect as a european court of human rights’ concept in media law cases |
| publisher |
University of Bergen |
| series |
Bergen Journal of Criminal Law and Criminal Justice |
| issn |
1894-4183 |
| publishDate |
2018-05-01 |
| description |
In few of the many cases where the European Court of Human Rights has found a violation of Article 10, the Court has simultaneously stated that a specific restriction or sanction has an actual or a potential chilling effect for press freedom. The Article examines by way of the Court’s case law the notion of ‘chilling effect’. It is concluded that ‘chilling effect’ is a strong notion reserved for cases where something genuine is at stake. The notion points beyond the case at hand and has a negative impact on the applicant’s future task or – in its most severe form – a negative impact on the press as such to the outmost detriment of the public debate, the control of the establishment, and, thereby, to the impairment of society as a whole.
|
| url |
https://voices.no/index.php/BJCLCJ/article/view/1555 |
| work_keys_str_mv |
AT trinebaumbach chillingeffectasaeuropeancourtofhumanrightsconceptinmedialawcases |
| _version_ |
1725275292045410304 |