HURBAIN v. BELGIUM JUDGMENT
(iii) The contemporary interest of the information
222. As a matter directly linked to the above considerations regarding the
role of the press in creating and maintaining archives, the Court must next
ascertain whether the article in question continues to contribute to a debate of
public interest, whether it has acquired any historical, research-related or
statistical interest (see M.L. and W.W. v. Germany, cited above, § 99, and the
judgment of the Spanish Constitutional Court – paragraph 108 above) and
whether it remains relevant for the purposes of placing recent events in
context in order to understand them better. This assessment should be
conducted from the perspective of the time when the person concerned
submits his or her request concerning the “right to be forgotten”.
223. In this context it should be pointed out that, on the subject of initial
publication, the Court has consistently held that there is little scope under
Article 10 § 2 of the Convention for restrictions on freedom of expression
when a matter of public interest is at stake. The margin of appreciation of
States is reduced where a debate on a matter of public interest is concerned
(see Editions Plon v. France, no. 58148/00, § 44, ECHR 2004-IV, and
Couderc and Hachette Filipacchi Associés, cited above, § 96). According to
the Court’s case-law, the public interest relates to matters which affect the
public to such an extent that it may legitimately take an interest in them,
which attract its attention or which concern it to a significant degree,
especially in that they affect the well-being of citizens or the life of the
community. This is also the case with regard to matters which are capable of
giving rise to considerable controversy, which concern an important social
issue, or which involve a problem that the public would have an interest in
being informed about. Nevertheless, the public interest cannot be reduced to
the public’s thirst for information about the private life of others, or to the
reader’s wish for sensationalism or even voyeurism (see Couderc and
Hachette Filipacchi Associés, cited above, §§ 101 and 103, and the references
cited therein). From this perspective, an article’s contribution to a debate of
public interest may persist over time, either because of the information itself
or because of new factors arising since publication, for instance subsequent
developments in the original judicial proceedings.
224. However, owing to the specific nature of digital press archives,
which concern information that is rarely of topical relevance, their current
contribution to a debate of public interest is not decisive in most cases. In the
absence of a contribution to such a debate, it must also be ascertained whether
the archived information is of interest for any of the other purposes referred
to above, for instance for historical or scientific purposes.
225. In the present case the Liège Court of Appeal held that, twenty years
after the events, the identity of a person who was not a public figure did not
add to the public interest of the article, which merely made a statistical
contribution to a public debate on road safety. In the Court of Appeal’s view,
the events reported on in the article were clearly not of historical significance
76
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات