Communicated on 1 December 2017

FOURTH SECTION

Application no. 42713/15 Tiago PATRÍCIO MONTEIRO TELO DE ABREU against Portugal lodged on 24 August 2015

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s criminal conviction for defamation subsequent to a publication in his blog.

The applicant is member of a political party and a town councillor of Elvas ( Vereador da Câmara Municipal de Elvas ). He published in his blog caricatures of E.G., a political opponent. The caricatures had first been published in a local newspaper, of which M.T. was the Director. The author of the caricatures was A.C.

E. G. lodged a criminal complaint against the applicant, A.C. and M.T.

On 16 May 2014 the Elvas Court (domestic proceedings no. 145/09.1 TAELV) convicted the applicant for one crime of aggravated defamation and sentenced him to pay a 1,800 euros (EUR) penalty; the applicant, A.C. and M.T. were ordered to pay jointly EUR 2,500 in non-pecuniary damages plus interest to E.G. On 26 February 2015 the Évora Court of Appeal upheld the first instance decision. That judgment was notified to the applicant on 2 March 2015.

QUESTION tO THE PARTIES

Has there been a violation of the applicant ’ s right to freedom of expression, contrary to Article 10 of the Convention?