Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases

Trine Baumbach

Abstract


In few of the many cases where the European Court of Human Rights has found a violation of Article 10, the Court has simultaneously stated that a specific restriction or sanction has an actual or a potential chilling effect for press freedom. The Article examines by way of the Court’s case law the notion of ‘chilling effect’. It is concluded that ‘chilling effect’ is a strong notion reserved for cases where something genuine is at stake. The notion points beyond the case at hand and has a negative impact on the applicant’s future task or – in its most severe form – a negative impact on the press as such to the outmost detriment of the public debate, the control of the establishment, and, thereby, to the impairment of society as a whole.


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DOI: http://dx.doi.org/10.15845/bjclcj.v6i1.1555



Copyright (c) 2018 Trine Baumbach

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University of Bergen
Faculty of Law › Research group for Criminal Law and Criminal Procedure

ISSN: 1894-4183