The Role of the European Court of Human Rights in Restoring the Balance from the Right to Free Expression of the Journalist and the Right to Professional Reputation of Another Person

Abstract

Nowadays, ensuring a balance between the right to freedom of expression of journalists and the right to protection of reputation represents a challenge for many states, including the Republic of Moldova. Although journalists are allowed to spread information that offends, shocks or disturbs, they are called to Court often by the subjects of their articles, even in front of The European Court of Human Rights. In some cases, the Cout gives justice to the journalists, considering that articles respect the principles of responsible journalism. In other cases, the Court concluded that journalists exceeded the limits of freedom of expression, holding that there had been a violation of article 8 of the European Convention of Human Rights regarding the right to protection of reputation. The paper aims to analyse the role of The European Court of Human Rights in restoring the balance between these two rights, relying on Case of Busuioc v. Moldova, Case Timpul Info-Magazin and Anghel v. Moldova, Case Flux and Samson v. Moldova, Case Savițchi v. Moldova.