8
EINARSSON v. ICELAND JUDGMENT
defend himself. This was a violation of his rights under Article 8 of the
Convention.
(b) The Government
28. Firstly, the Government pointed out that the facts of the current case
differed from cases concerning the media publishing information about
individuals and therefore the Court’s principles in cases concerning the
media could not be applied in the same way in the current case. Thus, for
example, the criteria of the method of obtaining the information and its
veracity did not apply in the present case. The information had been
disseminated by one individual expressing a personal value judgment about
the applicant and it had not been intended for the general public.
29. In the Government’s opinion, the domestic courts applied standards
that were in conformity with the principles embodied in Article 8 of the
Convention as interpreted in the Court’s case-law. The balancing test between the competing rights protected under Articles 8 and 10 of the
Convention - was based on principles developed in the Court’s case-law.
The domestic courts enjoyed a certain margin of appreciation in their
assessment. The role of the Court should be in line with the principle of
subsidiarity and the Court should only intervene where the domestic courts
had considered irrelevant factors to be significant or where the conclusion
reached had been clearly arbitrary or summarily dismissive of the interests
at stake. The domestic courts were granted a wider margin in respect of
positive obligations in relation to private parties where opinions within
democratic society might differ significantly.
30. The Government noted that the domestic courts had analysed the
material as a whole and concluded that the statement had been a value
judgment. The topic, the justice system’s handling of sexual violence, was a
debate of general interest and the applicant’s case had been high-profile.
The applicant had been a well-known person in Iceland, with a clear
incentive to maintain his place in popular culture, something he did by
promoting his alter ego, often stirring up debates with controversial
comments about women or minority groups. He had been aware that his
methods were controversial and he had had long-standing public feuds with
other well-known persons. He had made strongly-worded statements and
declarations in the media while the investigation was ongoing. The material
had been distributed by an ordinary person expressing a value judgment on
a burning social topic at the time.
2. The Court’s assessment
31. The Court notes that the present case requires an examination of
whether a fair balance has been struck between the applicant’s right to the
protection of his private life under Article 8 of the Convention and the other
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