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European Court of Human Rights : Almeide Arroja v. Portugal

Dirk Voorhoof (UGent)
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Abstract
The European Court of Human Rights (ECtHR) once again has found a violation of Article 10 of the European Convention on Human Rights (ECHR) in a criminal defamation case, related to an issue of public interest. The ECtHR in particular observed that the criminal conviction of the applicant appeared to be manifestly disproportionate, as the Portuguese Civil Code provided for a specific remedy in respect of damage to honour and reputation. The ECtHR also found the award of damages to which the applicant was convicted manifestly disproportionate, also taking into consideration that the critical statements were formulated during an interview on a local TV channel with only a limited audience. The ECtHR found that a sanction of this nature and severity could be liable to deter individuals from discussing matters of legitimate public concern, having a “chilling effect” on the freedom of expression.
Keywords
Freedom of expression, criminal defamation, right to reputation, balancing, chilling effect, award of damages

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Citation

Please use this url to cite or link to this publication:

MLA
Voorhoof, Dirk. “European Court of Human Rights : Almeide Arroja v. Portugal.” IRIS (ENGLISH ED. ONLINE), no. 2024–5, 2024.
APA
Voorhoof, D. (2024). European Court of Human Rights : Almeide Arroja v. Portugal.
Chicago author-date
Voorhoof, Dirk. 2024. “European Court of Human Rights : Almeide Arroja v. Portugal.” IRIS (ENGLISH ED. ONLINE).
Chicago author-date (all authors)
Voorhoof, Dirk. 2024. “European Court of Human Rights : Almeide Arroja v. Portugal.” IRIS (ENGLISH ED. ONLINE).
Vancouver
1.
Voorhoof D. European Court of Human Rights : Almeide Arroja v. Portugal. IRIS (ENGLISH ED. ONLINE). 2024.
IEEE
[1]
D. Voorhoof, “European Court of Human Rights : Almeide Arroja v. Portugal,” IRIS (ENGLISH ED. ONLINE), no. 2024–5. 2024.
@misc{01HZA5PADW9CS551C2RR9BC3WY,
  abstract     = {{The European Court of Human Rights (ECtHR) once again has found a violation of Article 10 of the European Convention on Human Rights (ECHR) in a criminal defamation case, related to an issue of public interest. The ECtHR in particular observed that the criminal conviction of the applicant appeared to be manifestly disproportionate, as the Portuguese Civil Code  provided for a specific remedy in respect of damage to honour and reputation. The ECtHR also found the award of damages to which the applicant was convicted manifestly disproportionate, also taking into consideration that the critical statements were formulated during an interview on a local TV channel with only a limited audience. The ECtHR found that a sanction of this nature and severity could be liable to deter individuals from discussing matters of legitimate public concern, having a “chilling effect” on the freedom of expression.}},
  articleno    = {{2024-5:1/19}},
  author       = {{Voorhoof, Dirk}},
  issn         = {{2078-6158}},
  keywords     = {{Freedom of expression,criminal defamation,right to reputation,balancing,chilling effect,award of damages}},
  language     = {{eng}},
  number       = {{2024-5}},
  pages        = {{2}},
  series       = {{IRIS (ENGLISH ED. ONLINE)}},
  title        = {{European Court of Human Rights : Almeide Arroja v. Portugal}},
  url          = {{https://merlin.obs.coe.int/article/10045}},
  year         = {{2024}},
}