Communicated on 25 November 2019
THIRD SECTION
Application no. 42315/15
Makarios DROUSIOTIS
against Cyprus
lodged on 24 August 2015
SUBJECT MATTER OF THE CASE
The application concerns civil defamation proceedings instituted against the applicant, a journalist, and the publisher of the newspaper “Politis”, for an article published on 10 March 2005. The article concerned S.P, the then Deputy Attorney-General and in particular, the extension of S.P’s mandate. The Nicosia District Court found that the article was defamatory and rejected the defences of fair comment and conditional/qualified privilege invoked by the applicant. Both the applicant and the publisher were ordered to pay damages, jointly and/or severally, in the amount of 25,000 euros. These findings were upheld on appeal on 6 March 2015 by the Supreme Court.
The applicant complains that the domestic courts’ judgments holding him liable for defamation constituted a disproportionate interference with his right of freedom of expression under Article 10 of the Convention.
QUESTION TO THE PARTIES
Bearing in mind the applicant’s complaint and the criteria established by the Court’s case-law, has there been a violation of the applicant’s right to freedom of expression contrary to Article 10 of the Convention (see, among other authorities, Axel Springer v. Germany (no. 2), no.48311/10, §§78-95 10 October 2014 and Lingens v. Austria, 8 July 1986, § 46, Series A no. 03)?
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