Eker v. Turkey: The Right of Reply Under the European Convention

European Human Rights Cases, 2018, Issue 1

7 Pages Posted: 27 Jan 2018

See all articles by Ronan Ó Fathaigh

Ronan Ó Fathaigh

University of Amsterdam - Institute for Information Law (IViR)

Date Written: January 2018

Abstract

In Eker v. Turkey, the European Court of Human Rights held that a court-ordered publication of a reply, which included "criticism” of a journalist, including “implicit insinuations as to his professional integrity” and “allusions which could be derogatory” to the journalist, did not violate Article 10 of the European Convention on Human Rights. This article discusses (a) how the Court did not seem to take adequate note of the Council of Europe instruments on the right of reply; (b) how the Court did not apply more fully the judgment in Melnychuk, which had held that a newspaper had been entitled, consistently with the right of reply, to refuse to publish a reply, and (c) whether the right of reply flows from Article 10’s guarantee of the right to freedom of expression, or whether it flows from Article 8’s guarantee of the right to respect for private life.

Keywords: freedom of expression, right of reply, media freedom

Suggested Citation

Ó Fathaigh, Ronan, Eker v. Turkey: The Right of Reply Under the European Convention (January 2018). European Human Rights Cases, 2018, Issue 1, Available at SSRN: https://ssrn.com/abstract=3104627

Ronan Ó Fathaigh (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Nieuwe Achtergracht 166
Amsterdam, 1000 BA
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
136
Abstract Views
737
Rank
406,277
PlumX Metrics