Ashby Donald and Others v. France, Appl. Nr. 36769/08

Florian MELZER

Since the past few years, internet-related cases reaches the European Court of Human Rights in Straßbourg. The meaning of the internet for the right of freedom of expression out of Art. 10 ECHR, even becomes bigger. Such an internet- related case in matter of Art. 10 ECHR, is the case Ashby Donald and others v. France, Appl. nr. 36769/08.

First of all I will review the essential basic informations:

The case Ashby Donald and others vs. France is about three photographers, that were sentenced to pay tender fines based on the french intellectual property code, because of publishing pictures of a fashion show on a website without permission of the designers. Before the ECtHR in Strasbourg the convicts complained about the decision because of a violation of their freedom of expression. Concerning the blamed violation of Art. 10 ECHR the ECtHR decided, as reaction to the objection, the following way: