Podcast
Questions and Answers
What is the primary purpose of Article 10 of the ECHR?
What is the primary purpose of Article 10 of the ECHR?
- To ensure the right to association
- To protect property rights
- To limit the rights of aliens
- To provide the right to freedom of expression (correct)
Which article of the ECHR addresses the issue of torture?
Which article of the ECHR addresses the issue of torture?
- Article 3 (correct)
- Article 2
- Article 5
- Article 4
Which of the following is NOT listed as an ECHR article?
Which of the following is NOT listed as an ECHR article?
- Right to a fair trial
- Right to life
- Right to privacy
- Right to economic prosperity (correct)
Which protocol of the ECHR focuses on the complete abolition of the death penalty?
Which protocol of the ECHR focuses on the complete abolition of the death penalty?
What does Article 14 of the ECHR address?
What does Article 14 of the ECHR address?
In which year was the ECHR signed?
In which year was the ECHR signed?
Which article establishes the right to an effective remedy?
Which article establishes the right to an effective remedy?
What does Article 1 of the ECHR emphasize?
What does Article 1 of the ECHR emphasize?
What does the exercise of freedoms in a democratic society entail?
What does the exercise of freedoms in a democratic society entail?
What was a notable change for journalists regarding source confidentiality after 9/11?
What was a notable change for journalists regarding source confidentiality after 9/11?
Which document stipulates that journalists should have access to sources and respect for confidentiality?
Which document stipulates that journalists should have access to sources and respect for confidentiality?
According to Article 19 of the Universal Declaration of Human Rights, what rights are included?
According to Article 19 of the Universal Declaration of Human Rights, what rights are included?
What notable legal standard was established in New York Times v. Sullivan?
What notable legal standard was established in New York Times v. Sullivan?
What is the main ethical obligation of journalists regarding information obtained in confidence?
What is the main ethical obligation of journalists regarding information obtained in confidence?
What can influence the necessary restrictions placed on freedoms in a democratic society?
What can influence the necessary restrictions placed on freedoms in a democratic society?
Which of the following is NOT a reason for potentially restricting the exercise of freedoms?
Which of the following is NOT a reason for potentially restricting the exercise of freedoms?
What was the main reason the European Court of Human Rights (ECHR) sentenced Romania?
What was the main reason the European Court of Human Rights (ECHR) sentenced Romania?
What was Judith Miller’s key argument regarding journalists and discretion?
What was Judith Miller’s key argument regarding journalists and discretion?
What mistake did the applicant make regarding the course participants in the Barb vs. Romania case?
What mistake did the applicant make regarding the course participants in the Barb vs. Romania case?
What was the maximum amount awarded by the ECHR to the plaintiff in moral damages?
What was the maximum amount awarded by the ECHR to the plaintiff in moral damages?
What was Judith Miller jailed for?
What was Judith Miller jailed for?
What claim did Joseph Wilson make in The New York Times?
What claim did Joseph Wilson make in The New York Times?
How long did Judith Miller spend in prison?
How long did Judith Miller spend in prison?
What differentiates Judith Miller's case from Matthew Cooper's?
What differentiates Judith Miller's case from Matthew Cooper's?
What is required of a plaintiff in a defamation case involving actual malice?
What is required of a plaintiff in a defamation case involving actual malice?
Why do defamation cases involving public figures rarely prevail?
Why do defamation cases involving public figures rarely prevail?
What does the protection of journalistic sources ensure for a free press?
What does the protection of journalistic sources ensure for a free press?
According to the European Court of Human Rights, what could undermine the press's public-watchdog role?
According to the European Court of Human Rights, what could undermine the press's public-watchdog role?
What must national authorities assess regarding restrictions on the press?
What must national authorities assess regarding restrictions on the press?
What must the Court review under Article 10 regarding limitations on journalistic sources?
What must the Court review under Article 10 regarding limitations on journalistic sources?
What effect may an order of source disclosure have on journalistic freedom?
What effect may an order of source disclosure have on journalistic freedom?
What was the outcome of Goodwin v. The United Kingdom regarding the journalist's rights?
What was the outcome of Goodwin v. The United Kingdom regarding the journalist's rights?
What does Article 10 of the Convention primarily protect?
What does Article 10 of the Convention primarily protect?
What was the nature of the sanction imposed on Ioan Barb for his article?
What was the nature of the sanction imposed on Ioan Barb for his article?
What is a consequence of high burdens of proof in defamation cases?
What is a consequence of high burdens of proof in defamation cases?
What did the ECHR conclude about the penalty imposed on Barb?
What did the ECHR conclude about the penalty imposed on Barb?
What crucial aspect must the Court establish when assessing the justification for restrictions on freedom of expression?
What crucial aspect must the Court establish when assessing the justification for restrictions on freedom of expression?
In the context of freedom of expression, what is the significance of the 'margin of appreciation'?
In the context of freedom of expression, what is the significance of the 'margin of appreciation'?
How did the Court view the relationship between the disclosure order and the legitimate aim pursued in Goodwin v. The United Kingdom?
How did the Court view the relationship between the disclosure order and the legitimate aim pursued in Goodwin v. The United Kingdom?
What general interest was Ioan Barb's article addressing, which led to his criminal fine?
What general interest was Ioan Barb's article addressing, which led to his criminal fine?
Flashcards
What is the ECHR?
What is the ECHR?
The European Convention on Human Rights (ECHR) is an international treaty signed in 1950, establishing human rights standards. Over the years, the ECHR's meaning has evolved through the European Court of Human Rights and the European Commission of Human Rights interpretations, along with the Council of Europe's work.
Is the ECHR legally binding?
Is the ECHR legally binding?
The ECHR is integrated into the national legal systems of most European countries. This means that the Convention is binding on domestic courts and public authorities within these countries.
What are some of the rights protected by the ECHR?
What are some of the rights protected by the ECHR?
The ECHR covers various human rights, including the right to life, freedom from torture, freedom of expression, and the right to a fair trial.
Are there any limitations on rights protected by the ECHR?
Are there any limitations on rights protected by the ECHR?
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What are ECHR Protocols?
What are ECHR Protocols?
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What are some rights covered by Protocol 1 of the ECHR?
What are some rights covered by Protocol 1 of the ECHR?
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What does Article 10 of the ECHR guarantee?
What does Article 10 of the ECHR guarantee?
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What does Article 10 of the ECHR allow regarding media?
What does Article 10 of the ECHR allow regarding media?
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Freedom of Expression
Freedom of Expression
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Actual Malice Standard
Actual Malice Standard
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Journalistic Confidentiality
Journalistic Confidentiality
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Ethical Principles of Journalism
Ethical Principles of Journalism
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The Watchdog Role of the Press
The Watchdog Role of the Press
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Journalist's Right to Access Information
Journalist's Right to Access Information
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Limitations on Freedom of Expression
Limitations on Freedom of Expression
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OSCE Conference Document, Article 40
OSCE Conference Document, Article 40
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Goodwin v. The United Kingdom
Goodwin v. The United Kingdom
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Goodwin: Restriction on Press Freedom
Goodwin: Restriction on Press Freedom
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Article 10 of the ECHR
Article 10 of the ECHR
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Balancing Freedom of Press and Public Interest
Balancing Freedom of Press and Public Interest
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Regulating Broadcast Media
Regulating Broadcast Media
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Protection of Journalistic Sources
Protection of Journalistic Sources
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The Press as a Watchdog
The Press as a Watchdog
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Proportionality principle
Proportionality principle
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ECHR's supervisory function
ECHR's supervisory function
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Scrutiny of source confidentiality
Scrutiny of source confidentiality
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ECHR's role in reviewing decisions
ECHR's role in reviewing decisions
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Reviewing reasons for restrictions
Reviewing reasons for restrictions
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Reasonable relationship of proportionality
Reasonable relationship of proportionality
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Necessary in a democratic society
Necessary in a democratic society
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Violation of human rights
Violation of human rights
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Barb vs. Romania
Barb vs. Romania
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Judith Miller Case
Judith Miller Case
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Acceptable Exaggeration and Provocation
Acceptable Exaggeration and Provocation
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Study Notes
The European Convention on Human Rights (ECHR)
- Signed on November 4, 1950, in Rome.
- Progresses through interpretation by the European Court of Human Rights and the European Commission of Human Rights, and the Council of Europe's work.
- Integrated into national legislation in nearly all ECHR signatory states.
- Binding on domestic courts and public authorities.
ECHR Articles
- Article 1: Respecting Rights
- Article 2: Life
- Article 3: Torture
- Article 4: Servitude
- Article 5: Liberty and Security
- Article 6: Fair Trial
- Article 7: Retrospectivity
- Article 8: Privacy
- Article 9: Conscience and Religion
- Article 10: Freedom of Expression
- Article 11: Association
- Article 12: Marriage
- Article 13: Effective Remedy
- Article 14: Discrimination
- Article 15: Derogations
- Article 16: Aliens
- Article 17: Abuse of Rights
- Article 18: Permitted Restrictions
Convention Protocols
- Protocol 1: Property, Education, Elections
- Protocol 4: Civil Imprisonment, Free Movement, Expulsion
- Protocol 6: Restriction of Death Penalty
- Protocol 7: Crime and Family
- Protocol 12: Discrimination
- Protocol 13: Complete Abolition of Death Penalty
ECHR - Article 10
- Guarantees freedom of expression, subject to necessary restrictions in a democratic society.
- Includes the freedom to hold opinions, and to receive and impart information and ideas.
- The exercise of these freedoms includes duties and responsibilities, and may be subject to formalities, conditions, restrictions, or penalties prescribed by law and necessary in a democratic society. This includes protecting national security, territorial integrity, public safety, and preventing disorder, crime, and the protection of health, morals, reputation, and rights of others. Also preventing the disclosure of information received in confidence, and maintaining the authority and impartiality of the judiciary.
Information Received in Confidence
- The right of journalists to have confidential sources without revealing their identity was respected by authorities after Watergate.
- Post-9/11, journalists experienced increased pressure to reveal their sources.
- Still, the right to confidential sources remains.
Final Document of OSCE Conference of 1989
- 34 states, including the USA and Romania, signed the document.
- Signatory states stipulated that journalists should be free to seek contacts with public and private sources, and professional confidentiality must be respected.
Code of Ethics of IFJ
- Article 6: Journalists shall observe professional secrecy regarding sources obtained in confidence.
Universal Declaration of Human Rights (UNO)
- Article 19: Everyone has the right to freedom of opinion and expression, including freedom to hold opinions and to seek, receive, and impart information and ideas.
New York Times v. Sullivan (1964)
- US Supreme Court case establishing the "actual malice" standard.
- Press reports about public officials or figures must meet this standard before being considered defamation or libel.
- This standard requires proving that the publisher knew the statement was false or acted with reckless disregard for the truth.
Goodwin v. The United Kingdom
- European Court of Human Rights case.
- Protection of journalistic sources is a cornerstone of press freedom in many signatory states.
- The disclosure order imposed restrictions on press freedom.
- The order must have a pressing social need to be considered compatible with article 10, and a proportional relationship between the legitimate aim and the means deployed to achieve that aim.
Barb vs. Romania
- ECHR case regarding the violation of the right to freedom of expression.
- Romanian court imposed a fine for a journalist's article.
- ECHR considered the penalty excessive based on the article's topics of general interest, factual basis, and good faith.
- Article covered general interest, subject to exaggeration and the journalist acted in good faith, and the penalty was disproportionately excessive.
The Judith Miller Case
- Controversial case of a journalist jailed for refusing to reveal her confidential source.
- Involved a CIA agent who leaked information about Iraq's nuclear program.
- Journalistic discretion and freedom of the press, related to the right of the journalist to protect their confidential sources, is disputed.
Conclusions
- Right of expression takes precedence over personal dignity, especially for public figures.
- Journalists can defend themselves by proving their article covered a topic of general interest, had a factual basis and was written in good faith.
- Even errors in an article do not necessarily lead to conviction if these three factors are met.
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Description
Test your knowledge of the European Convention on Human Rights (ECHR) and its core articles and protocols. This quiz covers the historical context, main articles, and the implications of ECHR integration into national laws. Ideal for students and enthusiasts of human rights law.