HURBAIN v. BELGIUM JUDGMENT
published initially in a lawful manner, the Court considers that such an
obligation may in principle fall within the “duties and responsibilities” of the
press and the limits which may be imposed on it (see paragraph 177 above).
Nevertheless, in the circumstances of the present case, it does not appear from
the file that the anonymisation order had such a profound impact on the
performance by the newspaper Le Soir of its journalistic tasks as to impair
that performance in practice.
(d) Conclusion
255. In the light of the foregoing, the Court notes that the national courts
took account in a coherent manner of the nature and seriousness of the judicial
facts reported on in the article in question, the fact that the article had no
topical, historical or scientific interest, and the fact that G. was not well
known. In addition, they attached importance to the serious harm suffered by
G. as a result of the continued online availability of the article with
unrestricted access, which was apt to create a “virtual criminal record”,
especially in view of the length of time that had elapsed since the original
publication of the article. Furthermore, after reviewing the measures that
might be considered in order to balance the rights at stake – a review whose
scope was consistent with the procedural standards applicable in Belgium –
they held that the anonymisation of the article did not impose an excessive
and impracticable burden on the applicant, while constituting the most
effective means of protecting G.’s privacy.
256. In those circumstances, and regard being had to the States’ margin
of appreciation, the Court finds that the national courts carefully balanced the
rights at stake in accordance with the requirements of the Convention, such
that the interference with the right guaranteed by Article 10 of the Convention
on account of the anonymisation of the electronic version of the article on the
website of the newspaper Le Soir was limited to what was strictly necessary
and can thus, in the circumstances of the case, be regarded as necessary in a
democratic society and proportionate. It therefore sees no strong reasons to
substitute its own view for that of the domestic courts and to disregard the
outcome of the balancing exercise carried out by them.
257. Accordingly, there has been no violation of Article 10 of the
Convention.
FOR THESE REASONS, THE COURT
1. Holds, by twelve votes to five, that there has been no violation of
Article 10 of the Convention.
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