Chilling Effect as a European Court of Human Rights' Concept in Media Law Cases

Trine Baumbach
2018 Bergen Journal of Criminal Law and Criminal Justice  
In few of the many cases where the European Court of Human Rights has found a violation of Article 10, the Court has simultaneously stated that a specific restriction or sanction has an actual or a potential chilling effect for press freedom. The Article examines by way of the Court's case law the notion of 'chilling effect'. It is concluded that 'chilling effect' is a strong notion reserved for cases where something genuine is at stake. The notion points beyond the case at hand and has a
more » ... and and has a negative impact on the applicant's future task or – in its most severe form – a negative impact on the press as such to the outmost detriment of the public debate, the control of the establishment, and, thereby, to the impairment of society as a whole.
doi:10.15845/bjclcj.v6i1.1555 fatcat:2ef6h7bxpbhrlogzrbw7ryepea