- Spanish slander decision violated right to free speech (Gómez v Spain)
- What was the background?
- What did the court decide?
- Case details
TMT analysis: The European Court of Human Rights (ECtHR) has ruled that a Spanish court's conviction of an activist for slander violated his Article 10 right to free speech, after he publicly claimed his treatment by the police was an ‘act of torture.’ The ECtHR balanced Mr Gómez’s Article 10 rights with the Article 8 rights to private and family life of the two police officers involved, both of whom were pictured in the press following Mr Gómez’s statement, and ultimately found in favour of Mr Gómez. The ECtHR found the Spanish courts had applied an overly strict definition of ‘torture’ when assessing if Mr Gómez’s statements were defamatory.
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