DROUSIOTIS v. CYPRUS
Doc ref: 42315/15 • ECHR ID: 001-199547
Document date: November 25, 2019
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Communicated on 25 November 2019
THIRD SECTION
Application no. 42315/15 Makarios DROUSIOTIS against Cyprus lodged on 24 August 2015
SUBJECT MATTER OF THE CASE
The application concerns civil defamation proceedings instituted against the applicant, a journalist, and the publisher of the newspaper “ Politis ”, for an article published on 10 March 2005. The article concerned S.P, the then Deputy Attorney-General and in particular, the extension of S.P ’ s mandate. The Nicosia District Court found that the article was defamatory and rejected the defences of fair comment and conditional/qualified privilege invoked by the applicant. Both the applicant and the publisher were ordered to pay damages, jointly and/or severally, in the amount of 25,000 euros. These findings were upheld on appeal on 6 March 2015 by the Supreme Court.
The applicant complains that the domestic courts ’ judgments holding him liable for defamation constituted a disproportionate interference with his right of freedom of expression under Article 10 of the Convention.
QUESTION TO THE PARTIES
Bearing in mind the applicant ’ s complaint and the criteria established by the Court ’ s case-law, has there been a violation of the applicant ’ s right to freedom of expression contrary to Article 10 of the Convention (see, among other authorities , Axel Springer v. Germany (no. 2) , no.48311/10, §§ 78-95 10 October 2014 and Lingens v. Austria , 8 July 1986, § 46, Series A no. 03)?