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

How to Cite

Baumbach, T. (2018). Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases. Bergen Journal of Criminal Law & Criminal Justice, 6(1), 92-114.


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.

Copyright (c) 2018 Trine Baumbach

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors who publish with this journal agree to the following terms:

Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.

Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.

Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.

Bergen Open Access Publishing