Conviction for performance-art protest at war memorial did not violate Article 10

* Guest post by prof. Dirk Voorhoof, Ghent University and Ronan Ó Fathaigh.

The European Court’s Fourth Section has held, by four votes to three, that a protestor’s conviction, including a suspended three-year prison sentence, for frying eggs over the flame of a war memorial, did not violate the protestor’s freedom of expression. The judgment in Sinkova v. Ukraine prompted a notable dissent, which highlighted “inconsistency” with the Court’s prior case law, and a disregard for the principle that criminal penalties …read more

Geoblocking Regulation is final!

On February 28 Europe adopted the Geoblocking Regulation. The European Parliament, European Commission and Member States have collectively reached a final agreement. Discrimination of customers in e-commerce on the basis of their nationality, place of residence or place of establishment shall be prohibited. Streaming of copyright protected music, e-books, online games or software do not (yet) fall under the scope of the Regulation. Other services such as financial, audio-visual, transport, healthcare and social services are also …read more

The right of journalistic newsgathering during demonstrations

*Guest post by prof. Dirk Voorhoof, Ghent University and Daniel Simons, Greenpeace International.

In a case about a Ukrainian journalist being arrested during an anti-globalisation protest in Russia, the European Court of Human Rights (ECtHR) in Butkevich v. Russia (13 February 2018) has clarified that the gathering of information is an essential preparatory step in journalism and an inherent, protected part of press freedom. The ECtHR found that the arrest, prosecution and conviction of the journalist had violated his right to freedom …read more