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European Court of Human Rights : Studio Monitori and Others v. Georgia

Dirk Voorhoof (UGent)
Author
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Abstract
In a case about access to information the European Court of Human Rights (ECtHR) clarified that the right to freedom of expression and information as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) is only applicable when a set of conditions are fulfilled. The case of Studio Monitori and Others v. Georgia is one of the cases following the judgment of the Grand Chamber in Magyar Helsinki Bizottság v. Hungary (Iris 2017-1/1) to test the limits of the right of access to public documents and the applicability of Article 10 ECHR (see also Bubon v. Russia, 7 February 2017 and Cangi v. Turkey, 29 January 2019 and the decisions in Dimitris Sioutis v. Greece, 29 August 2017 and Gennadiy Vladimirovich Tokarev v. Ukraine, 21 January 2020). The most important consequence of the judgment in Studio Monitori and Others v. Georgia is that NGOs, journalists or other public watchdogs requesting access to public documents have to motivate and clarify that access to the documents they are applying for is instrumental for their journalistic reporting and that the requested documents contain information of public interest. If these conditions are not fulfilled, Article 10 ECHR does not cover a right of access to information, which leaves the national authorities the discretionary power to determine at domestic level the scope and limits of the right of access to public documents, without scrutiny by the ECtHR.
Keywords
Freedom of expression, access to public documents, NGO, journalist, public interest-test

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

MLA
Voorhoof, Dirk. “European Court of Human Rights : Studio Monitori and Others v. Georgia.” IRIS (ENGLISH ED.), no. 4, 2020, pp. 6–8.
APA
Voorhoof, D. (2020). European Court of Human Rights : Studio Monitori and Others v. Georgia. IRIS (ENGLISH ED.).
Chicago author-date
Voorhoof, Dirk. 2020. “European Court of Human Rights : Studio Monitori and Others v. Georgia.” IRIS (ENGLISH ED.).
Chicago author-date (all authors)
Voorhoof, Dirk. 2020. “European Court of Human Rights : Studio Monitori and Others v. Georgia.” IRIS (ENGLISH ED.).
Vancouver
1.
Voorhoof D. European Court of Human Rights : Studio Monitori and Others v. Georgia. IRIS (ENGLISH ED.). 2020. p. 6–8.
IEEE
[1]
D. Voorhoof, “European Court of Human Rights : Studio Monitori and Others v. Georgia,” IRIS (ENGLISH ED.), no. 4. pp. 6–8, 2020.
@misc{8660007,
  abstract     = {{In a case about access to information the European Court of Human Rights (ECtHR) clarified that the right to freedom of expression and information as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) is only applicable when a set of conditions are fulfilled. The case of Studio Monitori and Others v. Georgia is one of the cases following the judgment of the Grand Chamber in Magyar Helsinki Bizottság v. Hungary (Iris 2017-1/1) to test the limits of the right of access to public documents and the applicability of Article 10 ECHR (see also Bubon v. Russia, 7 February 2017 and Cangi v. Turkey, 29 January 2019 and the decisions in Dimitris Sioutis v. Greece, 29 August 2017 and Gennadiy Vladimirovich Tokarev v. Ukraine, 21 January 2020). The most important consequence of the judgment in Studio Monitori and Others v. Georgia is that NGOs, journalists or other public watchdogs requesting access to public documents have to motivate and clarify that access to the documents they are applying for is instrumental for their journalistic reporting and that the requested documents contain information of public interest. If these conditions are not fulfilled, Article 10 ECHR does not cover a right of access to information, which leaves the national authorities the discretionary power to determine at domestic level the scope and limits of the right of access to public documents, without scrutiny by the ECtHR.}},
  articleno    = {{2020-4:1/7}},
  author       = {{Voorhoof, Dirk}},
  issn         = {{2078-6158}},
  keywords     = {{Freedom of expression,access to public documents,NGO,journalist,public interest-test}},
  language     = {{eng}},
  number       = {{4}},
  pages        = {{2020-4:1/7:6--2020-4:1/7:8}},
  series       = {{IRIS (ENGLISH ED.)}},
  title        = {{European Court of Human Rights : Studio Monitori and Others v. Georgia}},
  url          = {{https://merlin.obs.coe.int/article/8834}},
  year         = {{2020}},
}