Communicated on 1 December 2017
FOURTH SECTION
Application no. 42713/15
Tiago PATRÍCIO MONTEIRO TELO DE ABREU
against Portugal
lodged on 24 August 2015
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s criminal conviction for defamation subsequent to a publication in his blog.
The applicant is member of a political party and a town councillor of Elvas (Vereador da Câmara Municipal de Elvas). He published in his blog caricatures of E.G., a political opponent. The caricatures had first been published in a local newspaper, of which M.T. was the Director. The author of the caricatures was A.C.
E. G. lodged a criminal complaint against the applicant, A.C. and M.T.
On 16 May 2014 the Elvas Court (domestic proceedings no. 145/09.1 TAELV) convicted the applicant for one crime of aggravated defamation and sentenced him to pay a 1,800 euros (EUR) penalty; the applicant, A.C. and M.T. were ordered to pay jointly EUR 2,500 in non-pecuniary damages plus interest to E.G. On 26 February 2015 the Évora Court of Appeal upheld the first instance decision. That judgment was notified to the applicant on 2 March 2015.
QUESTION tO THE PARTIES
Has there been a violation of the applicant’s right to freedom of expression, contrary to Article 10 of the Convention?
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