@misc{01J8Z85NJ6A871BH6V26GCK9KQ,
  abstract     = {{The European Court of Human Rights (ECtHR) found a violation of a high ranked politician’s right to reputation under Article 8 of the European Convention on Human Rights (ECHR) because the highest Moldovan court had refused to interfere with a defamatory Facebook-post by another politician. The Moldovan Supreme Court of Justice had found that the Facebook-message, based on an unverified Note allegedly from the Security and Information Service (SIS), was posted by a politician of the opposition who, in a double capacity of “journalist”, in the sense of informing the public via social media, and of a “public person”, was entitled to a robust protection of freedom of expression under Article 10 ECHR. The ECtHR however found that the Supreme Court of Justice had failed to strike a fair balance between the competing rights, as it did not carry out a careful analysis of the elements of the case file. The ECtHR referred in particular to the refusal to publish any follow-up information about the Note on the politician’s Facebook-page, even after both the SIS and the President’s office had denied its authenticity, and after having been informed of those denials.}},
  articleno    = {{2024-6:1/21}},
  author       = {{Voorhoof, Dirk}},
  issn         = {{2078-6158}},
  keywords     = {{Right to reputation,freedom of expression,politician,lack of reliable factual basis,balancing fundamental rights,lack of factual basis,serious allegations,right to privacy}},
  language     = {{eng}},
  number       = {{2024-6}},
  pages        = {{2}},
  series       = {{IRIS (ENGLISH ED. ONLINE)}},
  title        = {{European Court of Human Rights : Oleg Balan v. the Republic of Moldova}},
  url          = {{https://merlin.obs.coe.int/article/10077}},
  year         = {{2024}},
}