Grinberg v. Russia | 2005

Justice for man who was fined for writing an article

The point is not the money, it’s the enforcement of the law that matters to me.

Isaak Ginsberg, reported in "Arguments and Facts " - © Photo: AIF

Background

Isaak Grinberg wrote an article for the Guberniya newspaper. It accused the Governor of the Ulyanovsk Region of “waging war” against the free press and referred to the governor’s support for a colonel who had killed an 18-year-old girl. The article had concluded with the words: “No shame and no scruples!”

The governor sued Isaak for defamation, solely based on the article's final words. He claimed that they were insulting and could not be proved.

The governor won the case. Isaak was ordered to pay a fine.

Judgment of the European Court of Human Rights

The European court noted that value judgments are impossible to prove. A legal requirement to prove the truth of a value judgment is an infringement of freedom of expression.

The words “No shame and no scruples!” were a classic example of a value judgment. Furthermore, the article had concerned a matter of public interest and its factual allegations had not been contested. Therefore, making Isaak liable for defamation because he had published these words had violated his right to free speech.

Follow-up

After the European court agreed to review the case, Russia's highest court issued a decree seeking to apply Council of Europe rules on freedom of expression to Russian law. This highlighted the need for public officials to accept that they will be subject to public scrutiny and criticism. It also directed the courts to distinguish between statements of fact and value judgments when assessing claims for defamation.

Isaak Grindberg was awarded €1,120 in compensation, converted into Russian roubles.

The Committee of Ministers continues to monitor issues related to defamation and freedom of speech in Russia.

Additional information

Themes:

Related examples

Excessive police operation against journalists leads to reforms to protect media sources

Four Belgian journalists were targeted by the police in a huge search and seizure operation aimed at identifying the source of leaked government information. The European court ruled that the operation had been unjustified and disproportionate. The case influenced new legislation to improve protections for journalists and their sources.

Themes: Right to privacy Freedom of speech

Belgium

Nurse compensated after being fired for whistleblowing

Brigitte Heinisch was a geriatric nurse. She claimed that practices in the old people’s home where she worked were putting patients at risk. After she made her allegations public, she was fired. Yet, the German courts found that her dismissal was lawful - so Mrs Heinisch took her case to the European Court of Human Rights in Strasbourg. Her case was then re-opened and she won compensation.

Themes: Freedom of speech

Germany

Justice for man made to pay huge fine for publishing criticism of a public official

Zoran Lepojić wrote an article saying that a mayor had wasted public money. The mayor successfully brought defamation charges, and Zoran was fined more than eight average monthly salaries. The European court ruled that this had been unreasonable, violating Zoran's right to free speech. The Supreme Court of Serbia took steps to protect freedom of expression in such circumstances.