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Dalban v. Romania

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image of Human Rights Case Digest

Journalist had been convicted of criminal libel. The national margin of appreciation is circumscribed by the interest of democratic society in enabling the press to exercise its essential role of “public watchdog” and to impart information of serious public concern. It would be unacceptable for a journalist to be debarred from expressing critical value judgments unless he or she could prove their truth. In the instant case there was no proof that the description of events given in the articles was totally untrue and was designed to fuel a defamation campaign.


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