28 De Jure 446 (1995)
Thorgeir Thorgeirson v Iceland 14 European Human Rights Reports 843 (1991)

handle is hein.journals/dejur28 and id is 454 raw text is: 


446 Dejure


    4(l)(b)(ii) die bevoegdheid om bates van die aanwas uit te sluit en op
    hierdie wyse kan die aanwasbedeling in effek eers vanaf datum van
    registrasie van die nuwe kontrak toepassing vind. Die uitleg van
    huweliksvoorwaardes as verwysende na 'n voorhuwelikskontrak
    (sien die Engelse antenuptial contract en Mathabathe v Mathabathe
    1987 3 SA 45 (W) 55B-C 57A; Lagesse v Lagesse 1992 1 SA 173 (D)
    178A-B; Honey v Honey 1992 3 SA 609 (W) 611 H-J 612B-D en die
    bespreking deur Van Schalkwyk Honey v Honey 1992 3 SA 609 (W)
    1993 Dejure 2 15 2 19) behoort myns insiens nie as struikelblok te dien
    nie en behoort mutatis mutandis hier van toepassing te wees.
                                              L NEIL VAN SCHALKWYK
                                                Universiteit van Pretoria


Thorgeir Thorgeirson v Iceland
14 European Human Rights Reports 843 (1991)
Freedom of the Press in Iceland - European Court of Human Rights - Reports
based on Information by Others


The struggle of an Icelandic journalist, Thorgeir Thorgeirson, for press
freedom in Iceland which ultimately reached the European Court of Hu-
man Rights, had an interesting influence on a recent judgment of the
Press Council of South Africa where it had to decide upon the weight
which could be given to unidentified sources in the compilation of several
articles in the Saturday Star.
  Thorgeirson published two articles i.n an Icelandic newspaper in which
he alleged that unspecified members of the Reykjavik police had commit-
ted a number of acts of serious assault resulting in disablement of their
victims, as well as forgery and other criminal offences. He was convicted
by the Reykjavik criminal court of an offence under article 108 of the
Penal Code partly because of failure to justify what it considered to be his
own allegations. The articles consisted essentially of references to
stories or rumours - emanating from persons other than Thorgeirson
- or public opinion, involving allegations of police brutality. For in-
stance, it was the room mates of a young man at a hospital who had
recounted, and the hospital personnel who had confirmed, that he had
been injured by the police. Thorgeirson had also found out that most
people knew of various stories of that kind, which were so similar and
numerous that they could hardly be treated as mere lies.
  After Thorgeirson's conviction was confirmed by the highest Icelandic
court, he applied to the European Commission of Human Rights for per-
mission to put his case to the European Court of Human Rights.
  Article 10 of the European Convention on Human Rights provides as fol-
lows:
  1 Every one has the right to freedom of expression. This right shall include
      freedom to hold opinions and to receive and impart information and ideas
      without interference by public authority and regardless of frontiers. This

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