The case of Novaya Gazeta and Milashina v. Russia (application no. 45083/06) concerned defamation proceedings against an editorial house and a journalist following the publication of two articles concerning the sinking of the Russian Navy’s nuclear cruise missile submarine “Kursk” in the Barents Sea in August 2000 and the investigation into the accident. In particular, the articles in question reported on statements by a relative of one of the victims and his counsel to the effect that the officials in charge of the investigation, which had eventually been terminated, were guilty of abuse of public office.
The Court considered in particular that the publisher and the journalist had been found liable for having reported the opinions of third parties. Although particularly strong reasons would have been required to punish a journalist for assisting in the dissemination of statements made by another person, the national courts had not provided any such reasons. They had considered it completely irrelevant whether the journalist had expressed her own views or those of a third party.
Overall, the national courts’ reasoning in the case had appeared to be based on the assumption that the protection of the claimants’ reputation prevailed over freedom of expression in all circumstances.
In the Chamber judgment of 3 October 2017 in the case of Novaya Gazeta and Milashina v. Russia the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights.
Case of Novaya Gazeta and Milashina v. Russia (application no. 45083/06)
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