European Court of Human Rights, Egill Einarsson (no. 2) v. Iceland

In Iceland a person (hereafter: X) posted a critical and defamatory comment on a Facebook page, calling a well-known personality in Iceland, Mr. Einarsson, a rapist, although upon the completion of the police investigation the Public Prosecutor had dismissed all cases against him related to sexual o...

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Bibliographic Details
Main Author: Voorhoof, Dirk
Format: Article in Journal/Newspaper
Language:English
Published: European Audiovisual Observatory 2018
Subjects:
Online Access:https://biblio.ugent.be/publication/8579596
http://hdl.handle.net/1854/LU-8579596
https://biblio.ugent.be/publication/8579596/file/8579604
Description
Summary:In Iceland a person (hereafter: X) posted a critical and defamatory comment on a Facebook page, calling a well-known personality in Iceland, Mr. Einarsson, a rapist, although upon the completion of the police investigation the Public Prosecutor had dismissed all cases against him related to sexual offences. A District Court found that X’s comment on Facebook had been defamatory and declared the statements null and void. But it dismissed Einarsson’s claim for the imposition on X of a criminal punishment under the Penal Code, and it did not award Einarsson non-pecuniary damage. Before the European Court of Human Rights (ECtHR) Einarsson complained about a violation of his right to respect for his private life and reputation as provided in Article 8 of the European Convention on Human Rights (ECHR).