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Strasbourg, 15 November 2011

CDMC(2011)018Rev2
Français
Pdf

STEERING COMMITTEE
ON THE MEDIA AND NEW COMMUNICATION SERVICES

(CDMC)

______

Draft Declaration of the Committee of Ministers on the desirability of international standards dealing with forum shopping in respect of defamation or (“libel tourism)


1 ; Goodwin v. UK, ECtHR, 27 March1996, § 39

2 De Haes and Gijsels v. Belgium, ECtHR, 24 February 1997, § 37

3 Handyside v. UK, ECtHR 7 December 1976, §49

4 Times Newspapers Ltd (Nos. 1 and 2) v UK § 46

5 Times Newspapers Ltd (Nos. 1 and 2) v UK § 45

6 Tolstoy Miloslavsky v. UK, ECtHR, 13. July 1995, § 51

7 “Damages and fines for defamation or insult must bear a reasonable relationship of proportionality to the violation of the rights or reputation of others, taking into consideration any possible effective and adequate voluntary remedies that have been granted by the media and accepted by the persons concerned”.

8 Joint Declaration on Freedom of Expression and the Internet (UN Special Rapporteur on Freedom of Opinion and Expression, OSCE Representative on Freedom of the Media, the OAS Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information)