HURBAIN v. BELGIUM JUDGMENT
“1. Everyone 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. ...
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are prescribed
by law and are necessary in a democratic society, in the interests of national security,
territorial integrity or public safety, for the prevention of disorder or crime, for the
protection of health or morals, for the protection of the reputation or rights of others,
for preventing the disclosure of information received in confidence, or for maintaining
the authority and impartiality of the judiciary.”
A. The Chamber judgment
134. The Chamber held, by six votes to one, that there had been no
violation of Article 10 of the Convention. It found that the civil judgment
against the applicant amounted to interference with his rights under
Article 10. The interference in question had been prescribed by law and had
pursued the legitimate aim of protecting the reputation or rights of others, in
this case G.’s right to respect for his private life.
135. As to the necessity of the interference, the Chamber began by
emphasising that the task of the national courts had been to balance, on the
one hand, the freedom of expression of the applicant as a publisher, and in
particular his right to impart information to the public, and, on the other hand,
G.’s right to protection of his private life. While it reiterated the general
principles with regard to the balancing of the rights at stake which it intended
to apply in the present case (see Axel Springer AG v. Germany [GC],
no. 39954/08, §§ 78-84, 7 February 2012), the Chamber nevertheless stressed
the specific nature of the online publication of digital archives, inferring from
this that the domestic courts had to be particularly vigilant whenever they
granted a request for anonymisation or alteration of the electronic version of
an archived article on the grounds of respect for private life. The Chamber
further held that the criteria to be taken into account regarding the online
publication or continued availability of archived material were, in principle,
the same as those applied by the Court in the context of initial publication,
although certain criteria might have more or less relevance in view of the
particular circumstances of the case and the passage of time.
136. The Chamber concluded that the domestic courts had weighed up the
rights at stake in accordance with the criteria established in the Court’s
case-law, attaching particular weight to the damage sustained by G. and to
the fact that the anonymisation of the article on the website of Le Soir had left
the archives themselves intact and had constituted the most effective measure
amongst those that could have been taken in the present case, without
interfering disproportionately with the applicant’s freedom of expression. In
the Chamber’s view, the reasons given by the domestic courts had been
relevant and sufficient, and it thus saw no strong reason to substitute its view
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