Monday, June 01, 2009

ECHR inches closer to accepting access to information as Article 10 right

In its decision in Kenedi v. Hungary, the Court has held that "access to original documentary sources for legitimate historical research was an essential element of the exercise of the applicant's right to freedom of expression (see, mutatis mutandis, Társaság a Szabadságjogokért v. Hungary, no. 37374/05, §§ 35 to 39, 14 April 2009)". There is no further discussion on the question of whether access to documents/information in general does or does not fall under the guarantee of Article 10, but this decision represents yet another step in that direction.

(See also the Court's recent decision in Társaság a Szabadságjogokért v. Hungary)