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European Court of Human Rights : Radio Broadcasting Company B92 AD v. Serbia

Dirk Voorhoof (UGent)
Author
Organization
Abstract
According to the European Court of Human Rights (ECtHR) Serbia has violated the right to freedom of expression and information as protected under Article 10 of the European Convention on Human Rights (ECHR) by interfering with the broadcast of a TV news item and an online article published by the Radio Broadcasting Company B92 AD (B92). The ECtHR unanimously found that the disproportionate civil sanctioning of B92 for defaming a public official allegedly involved in corruptive practices could not be justified on relevant and sufficient reasons. The ECtHR in particular considered the measures imposed on B92 (damages, removal of article from internet portal and publication of judgment) capable of having a dissuasive effect on the exercise of B92’s right to freedom of expression. It also emphasized that the TV news item and online article concerned a public person in relation to a matter of public interest, while the allegations were based on an official document. The reporting by B92 based on that document could be considered as a form of responsible journalism.
Keywords
Freedom of expression, responsible journalism, defamation, crime reporting

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Citation

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MLA
Voorhoof, Dirk. “European Court of Human Rights : Radio Broadcasting Company B92 AD v. Serbia.” IRIS (ENGLISH ED. ONLINE), no. 2023–9, 2023.
APA
Voorhoof, D. (2023). European Court of Human Rights : Radio Broadcasting Company B92 AD v. Serbia.
Chicago author-date
Voorhoof, Dirk. 2023. “European Court of Human Rights : Radio Broadcasting Company B92 AD v. Serbia.” IRIS (ENGLISH ED. ONLINE).
Chicago author-date (all authors)
Voorhoof, Dirk. 2023. “European Court of Human Rights : Radio Broadcasting Company B92 AD v. Serbia.” IRIS (ENGLISH ED. ONLINE).
Vancouver
1.
Voorhoof D. European Court of Human Rights : Radio Broadcasting Company B92 AD v. Serbia. IRIS (ENGLISH ED. ONLINE). 2023.
IEEE
[1]
D. Voorhoof, “European Court of Human Rights : Radio Broadcasting Company B92 AD v. Serbia,” IRIS (ENGLISH ED. ONLINE), no. 2023–9. 2023.
@misc{01HHFEHYYYF8AP48H8S447M834,
  abstract     = {{According to the European Court of Human Rights (ECtHR) Serbia has violated the right to freedom of expression and information as protected under Article 10 of the European Convention on Human Rights (ECHR) by interfering with the broadcast of a TV news item and an online article published by the Radio Broadcasting Company B92 AD (B92). The ECtHR unanimously found that the disproportionate civil sanctioning of B92 for defaming a public official allegedly involved in corruptive practices could not be justified on relevant and sufficient reasons. The ECtHR in particular considered the measures imposed on B92 (damages, removal of article from internet portal and publication of judgment) capable of having a dissuasive effect on the exercise of B92’s right to freedom of expression. It also emphasized that the TV news item and online article concerned a public person in relation to a matter of public interest, while the allegations were based on an official document. The reporting by B92 based on that document could be considered as a form of responsible journalism.}},
  articleno    = {{2023-9:1/23}},
  author       = {{Voorhoof, Dirk}},
  issn         = {{2078-6158}},
  keywords     = {{Freedom of expression,responsible journalism,defamation,crime reporting}},
  language     = {{eng}},
  number       = {{2023-9}},
  pages        = {{2}},
  series       = {{IRIS (ENGLISH ED. ONLINE)}},
  title        = {{European Court of Human Rights : Radio Broadcasting Company B92 AD v. Serbia}},
  year         = {{2023}},
}