{"title":"《欧洲人权公约》规定的答辩权:Eker诉土耳其案第24016/05号申请的分析(ECtHR,2017年10月24日)","authors":"Felix Hempel","doi":"10.1080/17577632.2018.1458403","DOIUrl":null,"url":null,"abstract":"ABSTRACT This article analyses the latest judgment of the European Court of Human Rights dealing with the right of reply. The court held that the compulsion for a publisher to print a reply to an editorial he had written and published in his newspaper did not violate his fundamental rights. Exploring the key findings, this analysis sets out the decision’s wider implications for freedom of expression, the right to a fair trial, and the right to private life. Particularly, the case comes to significant conclusions that might result in the widening of the admissible content of a reply and an extension of the scope of the remedy. By reinterpreting the normative foundations of the right of reply, it also combines disparate approaches from previous case law. Thus, this article highlights both the ruling’s practical implications and potential repercussions for future application of domestic and international law on the right of reply.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2018.1458403","citationCount":"0","resultStr":"{\"title\":\"The right of reply under the European Convention on Human Rights: an analysis of Eker v Turkey App no 24016/05 (ECtHR, 24 October 2017)\",\"authors\":\"Felix Hempel\",\"doi\":\"10.1080/17577632.2018.1458403\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT This article analyses the latest judgment of the European Court of Human Rights dealing with the right of reply. The court held that the compulsion for a publisher to print a reply to an editorial he had written and published in his newspaper did not violate his fundamental rights. Exploring the key findings, this analysis sets out the decision’s wider implications for freedom of expression, the right to a fair trial, and the right to private life. Particularly, the case comes to significant conclusions that might result in the widening of the admissible content of a reply and an extension of the scope of the remedy. By reinterpreting the normative foundations of the right of reply, it also combines disparate approaches from previous case law. Thus, this article highlights both the ruling’s practical implications and potential repercussions for future application of domestic and international law on the right of reply.\",\"PeriodicalId\":37779,\"journal\":{\"name\":\"Journal of Media Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/17577632.2018.1458403\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Media Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/17577632.2018.1458403\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Media Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17577632.2018.1458403","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
The right of reply under the European Convention on Human Rights: an analysis of Eker v Turkey App no 24016/05 (ECtHR, 24 October 2017)
ABSTRACT This article analyses the latest judgment of the European Court of Human Rights dealing with the right of reply. The court held that the compulsion for a publisher to print a reply to an editorial he had written and published in his newspaper did not violate his fundamental rights. Exploring the key findings, this analysis sets out the decision’s wider implications for freedom of expression, the right to a fair trial, and the right to private life. Particularly, the case comes to significant conclusions that might result in the widening of the admissible content of a reply and an extension of the scope of the remedy. By reinterpreting the normative foundations of the right of reply, it also combines disparate approaches from previous case law. Thus, this article highlights both the ruling’s practical implications and potential repercussions for future application of domestic and international law on the right of reply.
期刊介绍:
The only platform for focused, rigorous analysis of global developments in media law, this peer-reviewed journal, launched in Summer 2009, is: essential for teaching and research, essential for practice, essential for policy-making. It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens. The first issues feature articles on a wide range of topics such as: Developments in Defamation · Balancing Freedom of Expression and Privacy in the European Court of Human Rights · The Future of Public Television · Cameras in the Courtroom - Media Access to Classified Documents · Advertising Revenue v Editorial Independence · Gordon Ramsay: Obscenity Regulation Pioneer?