Public interest journalism and privacy in the ECtHR case law : A critical appraisal

Koltay, András (2026) Public interest journalism and privacy in the ECtHR case law : A critical appraisal. JOURNAL OF MEDIA LAW. pp. 1-28. ISSN 1757-7632 (In Press)

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Abstract

The European Court of Human Right’s (‘ECtHR) jurisprudence on cases concerning the clash between the right to privacy and freedom of expression has grown considerably in the last two decades. The category of ‘public interest’, complemented by the status of ‘public figures’, is the cornerstone of the relevant ECtHR jurisprudence. This study examines how the contours of these vague concepts can be defined on the basis of case law, and what problems and inconsistencies arise from the Court’s approach to these aspects. According to the conclusions of this paper, the public-interest category as applied by the ECtHR is excessively broad and, in its present form, does not serve as an adequate criterion for delineating the limits of the right to privacy. Moreover, the public figure category is also ill-suited to assist in defining the boundaries of free speech in these cases.

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