| Tittel: | Chilling Effect as a European Court of Human Rights’ Concept in Media Law Cases | | Ansvar: | Trine Baumbach | | Forfatter: | Baumbach, Trine  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Bergen Journal of Criminal Law and Criminal Justice | | Utgitt: | Bergen : Universitetet i Bergen, 2018 | | Omfang: | S. 92-114 | | ISBN/ISSN: | 1894-4183 | | Serie: | Bergen Journal of Criminal Law and Criminal Justice ; 1/2018 | | Note: | Open access.
| | Innhold: | 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. | | Del av verk: | Bergen Journal of Criminal Law and Criminal Justice 1/2018 (Vol. 6) |
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