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Green v United Kingdom: ECtHR upholds UK Parliamentary privilege despite privacy injunction and anonymity order; no Article 8 breach; Article 6 and 13 complaints inadmissible; controls left to Parliament

Published on: 09 April 2025

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Article summary

Green v United Kingdom (Application no. 22077/19)

Background

This case stems from a member of the House of Lords invoking Parliamentary privilege to name the applicant on the floor of the House in relation to allegations of sexual harassment and bullying, despite an interim privacy injunction and an anonymity order in proceedings against a newspaper. Sir Philip Green lodged an application against the UK, alleging infringements of Articles 6, 8 and 13 of the European Convention on Human Rights (ECHR). The court considered whether the free speech dimension of Parliamentary privilege, which grants absolute protection from legal action for statements made in Parliamentary proceedings, was justified in these circumstances. The judgment also weighed the need to preserve free expression in Parliament against the requirement to uphold the separation of powers between the legislature and the judiciary.

Judgment

The ECtHR unanimously found no breach of Article 8 ECHR. It concluded that the rule on Parliamentary privilege remained within the margin of appreciation afforded to the UK, and that there were not sufficient reasons to mandate the introduction of additional controls on freedom of speech in Parliament. Accordingly, no further safeguards on Parliamentary speech were warranted...

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