Liability for Facebook-comments: Why the ECtHR underprotected Freedom of Speech

In a remarkable case against France, the European Court on Human Rights had to decide on a new question regarding the freedom of speech involving the role of “intermediaries” on the Internet. To what extent can the holder of a Facebook-account be held criminally liable for the comments posted by third parties on his timeline? In this post, prof. dr. Koen Lemmens ponders this question and the answer given by the ECtHR in Sanchez v. France. Continue reading “Liability for Facebook-comments: Why the ECtHR underprotected Freedom of Speech”

Claiming the Convention’s ‘Duties and Responsibilities’ in the Face of Illiberalism

On Friday 22 November 2019, a celebration in honour of Paul Lemmens’ emeritus status was held, in the company of many of his friends and colleagues. For this occasion, a number of them wrote a contribution for the wonderful Liber amicorum Paul Lemmens. In this blog series we draw attention to several contributions in this book. This week, Michaël Merrigan considers the potential of ‘duties and responsibilities’ (article 10 ECHR) in the face of illiberalism.
Continue reading “Claiming the Convention’s ‘Duties and Responsibilities’ in the Face of Illiberalism”