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NISKASAARI AND OTAVAMEDIA OY v. FINLAND JUDGMENT
44. The adjective “necessary”, within the meaning of Article 10 § 2,
implies the existence of a “pressing social need”. The national authorities of
the Contracting States have a certain margin of appreciation in assessing
whether such a need exists, but this margin goes hand in hand with a
European supervision, embracing both the legislation and the decisions
applying it, even those given by an independent court. The Court is
therefore empowered to give the final ruling on whether a “restriction” is
reconcilable with freedom of expression as protected by Article 10 (see
Janowski v. Poland [GC], no. 25716/94, § 30, ECHR 1999-I).
45. The Court’s task in exercising its supervision is not to take the place
of national authorities but rather to review under Article 10 the decisions
they have taken pursuant to their power of appreciation (see, among many
other authorities, Fressoz and Roire v. France [GC], no. 29183/95, § 45,
ECHR 1999-I).
46. In exercising its supervisory jurisdiction, the Court must look at the
impugned interference in the light of the case as a whole, including, in the
present case, the content of the remarks made by the first applicant and the
context in which he made them. In particular, it must determine whether the
interference in issue was “proportionate to the legitimate aims pursued” and
whether the reasons adduced by the national authorities to justify it were
“relevant and sufficient” (see Sunday Times v. the United Kingdom (no. 1),
26 April 1979, § 62, Series A no. 30; Lingens v. Austria, cited above, § 40;
Barfod v. Denmark, 22 February 1989, § 28, Series A no. 149; Janowski
v. Poland, cited above, § 30; and News Verlags GmbH & Co.KG v. Austria,
no. 31457/96, § 52, ECHR 2000-I). In doing so, the Court has to satisfy
itself that the national authorities applied standards which were in
conformity with the principles embodied in Article 10 and, moreover, that
they based themselves on an acceptable assessment of the relevant facts (see
Jersild v. Denmark, 23 September 1994, § 31, Series A no. 298).
47. The Court further emphasises the essential function the press fulfils
in a democratic society. Although the press must not overstep certain
bounds, particularly as regards the reputation and rights of others and the
need to prevent the disclosure of confidential information, its duty is
nevertheless to impart – in a manner consistent with its obligations and
responsibilities – information and ideas on all matters of public interest (see
Jersild v. Denmark, cited above, § 31; De Haes and Gijsels v. Belgium,
24 February 1997, § 37, Reports of Judgments and Decisions 1997-I; and
Bladet Tromsø and Stensaas v. Norway [GC], no. 21980/93, § 58,
ECHR 1999-III). Not only do the media have the task of imparting such
information and ideas, the public also has a right to receive them (see,
Sunday Times v. the United Kingdom (no. 1), cited above, § 65).
48. Moreover, the Court has recently set out the relevant principles to be
applied when examining the necessity of an instance of interference with the
right to freedom of expression in the interests of the “protection of the
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