The 'Disobedience' of Journalists at Public Assemblies: An Analytical Critique of the ECtHR's Case Law from a Media Freedom Perspective

Abstract

In a group of cases in which journalists refused dispersal orders at public assemblies, the European Court of Human Rights (ECtHR) found that certain governmental actions interfered with freedom of expression. Based on a comparative analysis that provides an analytical critique and new insights in the field of media freedom, this article argues that the application of the ‘strict scrutiny’ perspective could be improved by including a closer look at the risk assessments made by the domestic authorities. The analysis delves into the development of the ECtHR’s case law and highlights the potential problems in guaranteeing protection under Article 10 of the European Convention on Human Rights (ECHR), especially considering the consequences of the approach taken in the Pentikainen Grand Chamber judgment.