Glosa do wyroku Europejskiego Trybunału Praw Człowieka z 15 maja 2022 r., OOO Memo p. Rosji, skarga nr 2840/10
- Institution: Uniwersytet Warszawski
- ORCID: https://orcid.org/0009-0009-4095-2296
- Year of publication: 2023
- Source: Show
- Pages: 341-347
- DOI Address: https://doi.org/10.15804/ppk.2023.03.25
- PDF: ppk/73/ppk7325.pdf
Gloss to the judgment of the ECtHR of 15 May 2022, OOO Memo p. Russia application no. 2840/10
No legitimate aim of proceedings for protection of reputation initiated by public authorities – gloss to the judgment of the ECtHR of 15 May 2022, OOO Memo p. Russia application no. 2840/10 On March 15, 2022. The European Court of Human Rights issued its judgment in the case of OOO Memo p. Russia, Application No. 2840/10. This judgment represents a turnaround in the Court’s previous line of jurisprudence. The ECtHR ruled that proceedings for civil defamation brought by public authorities have, as a rule, no legitimate aim and are thus incompatible with Article 10 of the European Convention on Human Rights. The judgment establishes a higher level of protection against unjustified interference with freedom of expression than has been the case to date, and will have significant consequences for both proceedings before the ECHR and domestic proceedings. The judgement is also important because it draws attention to the problem of Stategic Lawsuits Against Public Participation.
