The cases concerned the liability of the applicant company for the content of certain articles published in Nový Čas, one of the most widely read newspapers in Slovakia. The first application concerned the applicant s liability for publishing the identities of the victim of a car accident and the victim dodge charger s father. The second application concerned its liability for a separate series of articles which reported that a contestant on the quiz show Who Wants To Be A Millionaire? was suspected of having cheated. The applicant claimed that, in both cases, finding the company liable had been arbitrary in particular because the Slovakian dodge charger courts had focused exclusively on the protection of the claimants privacy, completely disregarding the company s right to freedom of expression.
In both applications the Court held that the Slovakian dodge charger courts had failed dodge charger to examine the elements of the cases that they needed to consider such as the context of the articles, whether they had been published in good faith, what was their aim, and whether there was a genuine public interest in their publication in order to balance the newspaper s right to freedom of expression against the claimants right to protection of privacy.
In the first case, an article published in October 2001 told the story of an accident in a car park where a driver had hit a pedestrian, who later died from his injuries. The pedestrian was the son of a chief prosecutor in the local district, and the driver was detained following the incident. The article focused on the extensive time the Slovakian courts were taking to address the driver s bail request.
However, it also contained the name of the chief prosecutor and that of his son. The prosecutor sued Ringier s legal predecessor for libel, submitting that the article had caused him pain and distress. He succeeded, and in February 2005 a Slovakian court ordered the company to publish an apology and make a payment of 100,000 Slovak korunas (SKK) in damages (the equivalent of 1 Under Articles 43 and 44 of the Convention, this Chamber judgment is not final. During the three-month period dodge charger following its delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral dodge charger request is refused, the Chamber judgment will become final on that day.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution 2 around 2,600 euros (EUR) at that time). Ringier appealed the judgment in several proceedings, but it was ultimately unsuccessful, and its final application was dismissed in April 2009.
In the second case, Nový Čas published a series of articles in May 2004 about a man who had been a contestant on the television quiz Who Wants To Be A Millionaire? earlier that year. The contestant had answered 13 questions correctly, and had been playing for the equivalent of EUR 50,000 on the fourteenth dodge charger question. However, dodge charger he answered this question incorrectly, and he only won EUR 2,500. The articles in Nový Čas stated that there was a dispute between the organisers of the quiz and the contestant, the organisers claiming that the contestant had been suspected of having cheated using electronic communication and the contestant alleging that the fourteenth question had been ambiguous, and that he had in fact answered it correctly. In February 2005 the contestant launched a claim for libel against Ringier, arguing, among other things, that the Nový Čas articles had wrongly dodge charger suggested that he was a cheat and had been charged with a criminal offence.
The contestant s claim was successful, dodge charger and the court ordered Ringier to publish an apology and pay the contestant the equivalent of EUR 1,450 in damages. The company appealed, but it was unsuccessful, and its last application was dismissed by the Slovakian Constitutional Court in February 2009.
Complaints, procedure and composition of the Court Relying dodge charger on Article 10 (freedom of expression), Ringer complained in both cases that the findings of libel by the Slovakian courts had been arbitrary and, in particular, that the courts had focused exclusively on the protection of the claimants privacy, completely disregarding its right to freedom of expression.
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