Austria
Die Grünen v. Facebook Ireland Limited
Decision Date: May 5, 2017
The Austrian Court of Appeal ruled that Facebook must delete all hate postings and verbatim re-postings against Austria's Green party leader, Eva Glawischnig, not just in Austria but worldwide. The case was brought by Austria's Green party after Glawischnig was insulted on Facebook by posts from someone who didn't use his/her real name. The Court said that an individual's right to protection of dignity and reputation had to be balanced against the Article 10 right to freedom of expression, including political expression. However, it reasoned that the postings went beyond political comment and were clearly aimed at insulting and vilifying Glawischnig personally; they were not legitimate criticism; and they therefore could not be protected under Article 10 of the European Convention on Human Rights (ECHR).
United Kingdom
City of London Corp v. Samede
Decision Date: February 22, 2012
The Court of Appeal of England and Wales upheld a ruling requiring "Occupy Movement" protesters camping on land next to St. Paul's Cathedral in London to vacate. Members of the “Occupy Movement” established a campsite consisting of between 150 to 200 tents on land that was predominantly owned by the City of London. After over two months of occupation, the High Court of England and Wales ruled that the relief sought by the City of London pursued a "pressing social need" and was proportionate to the aims of protecting the rights and freedom of others, protecting public health and public safety, and preventing disorder and crime. The Court of Appeal upheld this decision, finding that the judge of the High Court was entitled to rely on the evidence that he did, and that his judgment was a justified interference on the rights of the "Occupy Movement".
|
