The book has been banned again in PORTUGAL, what about the internet access?

[OxfordBloo]

damage to reputation...article 10

Article 10 has nothing to do with damage to reputation but is about Freedom of Expression.

Let me quote it for you:

ARTICLE 10
Freedom of expression
1.   Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2.   The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.



Please point out where you think the McCann would have grounds to appeal

[Carana]

Article 10 has nothing to do with damage to reputation but is about Freedom of Expression.

Let me quote it for you:

ARTICLE 10
Freedom of expression
1.   Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2.   The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.



Please point out where you think the McCann would have grounds to appeal

Interesting.

On the other side of the coin, what would the grounds be for GA to appeal?

[OxfordBloo]

Interesting.

On the other side of the coin, what would the grounds be for GA to appeal?

None.

 The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

There has to be a right to reasonable confidentiality to run a judicial system.

[Jean-Pierre]

Article 10 has nothing to do with damage to reputation but is about Freedom of Expression.

Let me quote it for you:

ARTICLE 10
Freedom of expression
1.   Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2.   The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.



Please point out where you think the McCann would have grounds to appeal

although article ten does limit the rights of freedom expression "for the protection of the reputation or rights of others"

[OxfordBloo]

although article ten does limit the rights of freedom expression "for the protection of the reputation or rights of others"

Agreed. But it was being maintained that Article 10 would give Amaral an avenue of appeal from his damages finding.

[Miss Taken Identity]

although article ten does limit the rights of freedom expression "for the protection of the reputation or rights of others"

Indeed JP but, this was dealt with at a higher court and was found to be of favour to Amaral's claims. A lower court not being asked to ban it did anyway. I find that quite alarming.

McCanns claimed pain and suffering for them and their children (even one who was person whereabouts unknown!)
They also claimed the book harmed the search for Maddie, having provided no evidence of either it is strange to re ban a book that has WORLD wide access, and has had for many years!

[Carana]

Has he gone any further in his contemplation of suing the McCanns and others?

Portuguese investigator to counter-sue McCanns, 17 May 2009
     
Portuguese investigator to counter-sue McCanns AFP
 
LISBON (AFP) — The police officer who formerly led the Portuguese investigation into the disappearance of British girl Madeleine McCann said he would counter sue the missing girl's parents Sunday.
 
"My lawyers are working on the case and we will take the McCann couple to court and perhaps other people for defamation, slanderous denunciations and false statements," said Goncalo Amaral on Portuguese TVI television.


He's said something similar recently.

What grounds would he have?

[Miss Taken Identity]

Has he gone any further in his contemplation of suing the McCanns and others?

Portuguese investigator to counter-sue McCanns, 17 May 2009
     
Portuguese investigator to counter-sue McCanns AFP
 
LISBON (AFP) — The police officer who formerly led the Portuguese investigation into the disappearance of British girl Madeleine McCann said he would counter sue the missing girl's parents Sunday.
 
"My lawyers are working on the case and we will take the McCann couple to court and perhaps other people for defamation, slanderous denunciations and false statements," said Goncalo Amaral on Portuguese TVI television.


He's said something similar recently.

What grounds would he have?

Libel: for claiming he hampered the search for their daughter. Also for his pain and suffering for the financial demise due to their libel claim, and last but not least, Denying him his human rights,inciting hatred against him via internet forums, and other media outlets/ harassment by proxy!?

[OxfordBloo]

Indeed JP but, this was dealt with at a higher court and was found to be of favour to Amaral's claims. A lower court not being asked to ban it did anyway. I find that quite alarming.

McCanns claimed pain and suffering for them and their children (even one who was person whereabouts unknown!)
They also claimed the book harmed the search for Maddie, having provided no evidence of either it is strange to re ban a book that has WORLD wide access, and has had for many years!

The SC judgement was about libel- false statements made without excuse. It was found to not be libel.

The current case was about damage to the McCanns I dependent of whether or not it was true. As Amaral breached his responsibilities, he was found to have harmed the McCanns even if what he said was true.

[Alfred R Jones]

Has he gone any further in his contemplation of suing the McCanns and others?

Portuguese investigator to counter-sue McCanns, 17 May 2009
     
Portuguese investigator to counter-sue McCanns AFP
 
LISBON (AFP) — The police officer who formerly led the Portuguese investigation into the disappearance of British girl Madeleine McCann said he would counter sue the missing girl's parents Sunday.
 
"My lawyers are working on the case and we will take the McCann couple to court and perhaps other people for defamation, slanderous denunciations and false statements," said Goncalo Amaral on Portuguese TVI television.


He's said something similar recently.

What grounds would he have?

From what we have been told by Oxford Bloo no grounds at all.  It seems that in Porugal you can say whatever you like about another under the guise of Freedom of Expression so we can call Amaral a thieving, lying,corrupt monster and there ain't a thing he can do about it!

[OxfordBloo]

From what we have been told by Oxford Bloo no grounds at all.  It seems that in Porugal you can say whatever you like about another under the guise of Freedom of Expression so we can call Amaral a thieving, lying,corrupt monster and there ain't a thing he can do about it!

No you cannot. There are still limits, but not as strict as in England.

[Miss Taken Identity]

From what we have been told by Oxford Bloo no grounds at all.  It seems that in Porugal you can say whatever you like about another under the guise of Freedom of Expression so we can call Amaral a thieving, lying,corrupt monster and there ain't a thing he can do about it!

...Indeed you can Alfie- let rip, get it off your chest.  But don't get upset if a dossier is handed to the Portugese media who will slate you for being a british internet troll...heehaw. Now would THAT be libel, them calling you a nasty troll?

[Alfred R Jones]

No you cannot. There are still limits, but not as strict as in England.

Perhaps you can tell us then under what circumstances you can sue someone for libel in Portugal, and why I could not describe Amaral as a thieving, lying, corrupt, monster without the risk of being sued?

[Alfred R Jones]

...Indeed you can Alfie- let rip, get it off your chest.  But don't get upset if a dossier is handed to the Portugese media who will slate you for being a british internet troll...heehaw. Now would THAT be libel, them calling you a nasty troll?

No it wouldn't be libel, calling me, an anonymous internet user, a troll. 

[OxfordBloo]

Perhaps you can tell us then under what circumstances you can sue someone for libel in Portugal, and why I could not describe Amaral as a thieving, lying, corrupt, monster without the risk of being sued?

You can say that in your opinion he is, but if you state it as fact and he can prove you wrong on the balance of probability, then he can successfully sue you for libel.