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In a case against Iceland, the European Court of Human Rights (ECtHR) stated that a journalist responsible for a TV news item causing prejudice to an identifiable public person must give relevant evidence that he or she has been acting in good faith as pertains to the accuracy of the allegations in the news item. The ECtHR also made clear that a journalist cannot shield behind his right to protect his sources where he cannot produce evidence of serious accusations uttered in a news item, tarnishing a person’s reputation as protected under Article 8 of the European Convention on Human Rights. The...

The European Court of Human Rights (ECtHR), in a case against Romania, has confirmed the strong protection of the right to freedom of expression to be guaranteed to statements by journalists made within the context of a lively debate in a television show on a matter of public interest. Ms Predescu, an investigative journalist, complained of a violation of her right to freedom of expression. She appeared on a television show on a national television channel together with the Mayor of Constanţa, R.M., to discuss certain violent incidents that had taken place in Mamaia, a seaside resort on the...

Following the Chamber judgment of the European Court of Human Rights (ECtHR) two years ago (see IRIS 2015-8/1), the Grand Chamber has also come to the conclusion that the right to freedom of expression and information was not violated in Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland. By fifteen votes to two the Grand Chamber found that a prohibition issued by the Finnish Data Protection Board that had prevented two media companies from publishing personal taxation data in the manner and to the extent that they had published these data before was to be considered as a legal, legitimate...

On 20 March 2017, President Berdymukhamedov of Turkmenistan signed into law the Statute on Information on Personal Life and Its Protection, which consists of 33 articles split into six chapters. The Statute introduces definitions of key notions mostly related to different aspects of or actions related to personal data. The principle of consent-based data collection, storage and processing is accompanied by a list of exceptions such as for the purposes of law enforcement, statistics, the protection of human rights, and other purposes provided by the national statutes. One of the exceptions is “for...

On 12 May 2017, the Department of Justice and Equality published the General Scheme of the Data Protection Bill 2017. The Bill will give further effect in Irish law to the EU General Data Protection Regulation (GDPR) (2016/679). The Bill contains some notable features for the media: Article 85 of the GDPR obliges member states to reconcile the right to protection of personal data with the right to freedom of expression and information. Current law in Ireland in this regard is set out in section 22(A) of the Data Protection Acts 1988 and 2003, which gives effect to Article 9 of the 1995 Data Protection...