European Court of Human Rights : Milisavljević v. Serbia

摘要

The European Court of Human Rights has recently found that the Republic of Serbia has acted in breach of the right to freedom of expression by convicting a journalist for insult of a well-known human rights activist. The ECtHR emphasises that criminal prosecution for insult of public figures is likely to deter journalists from contributing to the public discussion of issues affecting the life of the community. More than 10 years after the journalist lodged an application with the Court, the ECtHR comes unanimously to the conclusion that the Serbian authorities’ reaction to the journalist’s article was disproportionate to the legitimate aim of protecting the reputation of others, and was therefore not necessary in a democratic society, within the meaning of Article 10 § 2 of the European Convention on Human Rights.