Судова практика ЄСПЛ: суспільний інтерес та медіа

The article explores the case law of the European Court of Human Rights (ECHR) regarding the application of the public interest criterion in balancing the right to privacy and freedom of expression in journalistic activities. It analyzes key cases that have established important precedents in this area. Using the case of «White v. Sweden» as an example, the article discusses the appropriateness of publishing serious allegations of an individual’s involvement in crimes, provided that journalists act diligently, including verifying information and allowing all interested parties to express their views. In the case of «Selistö v. Finland», the ECHR emphasized the primacy of press freedom, particularly when addressing issues of significant public interest, such as patient safety in healthcare institutions. In its judgment in Huseva v. Bulgaria, the ECHR expanded the scope of protection for freedom of expression, recognizing that the role of the «watchdog» is not only performed by the media, but also by non-governmental organizations and activists. At the same time, in SRG v. Switzerland, the Court highlighted the importance of media access to information on high-profile events and the unacceptable nature of imposing methods or formats for covering events. The article emphasizes that states have an obligation to ensure proportional regulation, avoiding undue restrictions on freedom of speech, and to create effective mechanisms for access to information. Based on the analysis of the ECHR case law, certain conclusions have been drawn. The key criterion for assessing the legitimacy of interference with private life is the presence of public interest, which allows for a fair balance between the right to privacy and freedom of expression. In determining the existence of public interest, journalists should not only consider the potential of the material to generate public attention but also its ability to contribute to meaningful discussions on issues of societal importance. The significance of public interest is directly proportional to the permissible level of interference with privacy. At the same time, it is emphasized that media freedom entails professional responsibility and ethical obligations for journalists, particularly regarding fact-checking and ensuring objectivity in the presentation of information.