The ECHR on conflicts between freedom of information and privacy. Between criteria of application and margin of appreciation
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Abstract
The relation between the right to receive and impart information (Article 10 ECHR) and the right to respect the private life of everyone (Article 8 ECHR) has often engaged the European Court of Human Rights. In 2012 the Grand Chamber better pointed the criteria which national courts must assess in the decisions concerning which of the two rights should prevail, and applied a broad interpretation of the margin of appreciation principle. This article aims to determine whether the identified criteria are really useful, and to carry out a review on the application of the margin of appreciation so widely understood.
Keywords
- freedom of expression
- press freedom
- privacy
- European Court of Human Rights
- margin of appreciation
