Portuguese journalist wins landmark case over Freedom of Expression

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Portuguese journalist wins landmark case over Freedom of Expression

Post  Heisenburg on Tue 17 Jan 2017, 9:22 pm

I wonder how this will affect the judgement. (McCanns v Amaral appeal/judgement)

http://portugalresident.com/portuguese-journalist-wins-landmark-case-over-freedom-of-expression

Portuguese journalist wins landmark case over Freedom of Expression


A Portuguese journalist condemned to pay €60,000 for an opinion article he wrote in 2006 has finally won what will undoubtedly become a landmark case for freedom of expression.

José Manuel Fernandes - formerly editor of Público (now publisher of news review website Observador) - was found guilty of defamation by the full gamut of Portuguese courts.

But the European Court of Human Rights has now ruled that these courts “exceeded their margin of appreciation” in maintaining Fernandes’ enormous indemnity - one which it pointed out was equivalent to a sum attributed over a death.

The State has thus been ordered to pay Fernandes €9,400 “plus expenses” within a three-month deadline from today.

It hasn’t been explained this way, but the “plus expenses” clause is likely to run to hefty sum, considering Fernandes has been fighting this judicial battle for the best part of a decade.

The article that started Fernandes’ litigation nightmare centred on a critique of the appointment of Noronha do Nascimento to head up the Supreme Tribunal of Justice.

Noronha do Nascimento took exception to being considered the personification of the “dark side of our justice system”, and took out a prosecution for defamation.

As Observador explains, the ECHR is available to any citizen who has exhausted the judicial means at their disposal and who feels their human rights have been violated.

And today the ECHR ruled in Fernandes’ favour, saying there was “no reasonable relationship of proportionality between the restriction of freedom of expression of the complainant and the objective pursued of protecting the good name of Noronha do Nascimento”.

For anyone following ‘freedom of expression’ cases - like that of former Maddie cop Gonçalo Amaral, or of currently jailed activist Maria de Lurdes (click here) - this ruling may well set a valid precedent over “reasonable relationship of proportionality”. The pity is that people have to fight so long to win it.

natasha.donn@algarveresident.com
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Re: Portuguese journalist wins landmark case over Freedom of Expression

Post  Andrew on Tue 17 Jan 2017, 9:35 pm

That's interesting, H.

Surely that's very positive news indeed then....
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Re: Portuguese journalist wins landmark case over Freedom of Expression

Post  Heisenburg on Tue 17 Jan 2017, 9:51 pm

Doesn't appear to be bad news.
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Landmark case

Post  Andrew on Tue 17 Jan 2017, 9:54 pm

Heisenburg wrote:Doesn't appear to be bad news.

Possibly is if your last name begins with M and ends in Can.

Maybe things just might speed up a bit now...
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Portuguese journalist wins landmark case over Freedom of Expression

Post  Benevolent on Tue 17 Jan 2017, 10:34 pm

http://portugalresident.com/portuguese-journalist-wins-landmark-case-over-freedom-of-expression
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Re: Portuguese journalist wins landmark case over Freedom of Expression

Post  Andrew on Tue 17 Jan 2017, 10:53 pm

Alright B.

H mentioned and posted this on this thread:

http://maddiemccannmystery.forumotion.co.uk/t1288-goncalo-amaral-wins-appeal-he-may-sue-the-mccanns

Although Mods might want to merge the latest into the one here or something...

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Re: Portuguese journalist wins landmark case over Freedom of Expression

Post  Benevolent on Tue 17 Jan 2017, 11:00 pm

Ahhhh no probs will delete it then as its already there Very Happy
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Re: Portuguese journalist wins landmark case over Freedom of Expression

Post  candyfloss on Wed 18 Jan 2017, 9:32 am

Have merged posts from other thread here.

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Re: Portuguese journalist wins landmark case over Freedom of Expression

Post  Poe on Wed 18 Jan 2017, 10:06 am

I wonder whether a decision on the appeal was delayed pending the result of this case. It would have been embarrassing for the Portuguese judiciary to rule on one case only have the ECHR rule against the same decision on a similar case days later.

Regardless of that, it doesn't look promising for the McCanns if they decide to go to the ECHR.
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Re: Portuguese journalist wins landmark case over Freedom of Expression

Post  Benevolent on Wed 18 Jan 2017, 11:10 am

Poe wrote: I wonder whether a decision on the appeal was delayed pending the result of this case. It would have been embarrassing for the Portuguese judiciary to rule on one case only have the ECHR rule against the same decision on a similar case days later.

That's what I thought to Poe.

Hopefully we should hear something soon now then.
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