Tafzi El Hadri and El Idrissi Mouch v. Spain, No. 7557/23, ECtHR (Fifth Section), 8 January 2026

There is no violation of Article 8 if domestic courts properly balance the right to reputation with freedom of the press on matters of significant public interest.

Art. 8 ECHR
Art. 10 ECHR

1. Regarding the protection of reputation under Article 8 of the ECHR, the right to privacy and honor of individuals performing socially significant roles – such as educators in childcare centers –  must yield to the freedom of the press when the information concerns matters of preeminent public interest, such as national security or the risk of ideological radicalization. In such contexts, the States margin of appreciation in protecting free discussion on matters of general interest is particularly broad, provided that the journalistic language does not devolve into gratuitous insult or incitement to hatred.

2. The failure to sanction a journalistic article that employs strong or controversial expressions (such as the term "fundamentalism") does not constitute a violation of the State’s positive obligations, provided that such statements represent value judgments based on a sufficient factual basis. Protection under Article 10 of the ECHR is granted to journalists who act with professional diligence, having consulted official sources (police or intelligence authorities) and having attempted to verify the facts with the interested parties, thereby respecting the standards of “good faith” and journalistic ethics.