29/09/2023, 12:35 SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1… THE LAW ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION 83. The applicant alleged that his criminal conviction, on account of comments posted by third parties on the “wall” of his Facebook account, had breached Article 10 of the Convention, which reads as follows: “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. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 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 84. The Chamber found that the applicant’s criminal conviction constituted an interference with the exercise of his right to freedom of expression secured by Article 10 of the Convention, that interference being prescribed by law and having pursued the legitimate aim of protecting the rights and freedoms of others. 85. As to whether the interference had been necessary “in a democratic society”, the Chamber examined the context of the comments, any steps taken by the applicant to remove the comments once posted, the possibility that the authors might have been held liable instead of the applicant and, lastly, the consequences of the domestic proceedings for him. 86. It noted in particular that the comments posted on the applicant’s Facebook “wall”, to which the public had access, were clearly unlawful. While acknowledging the election context and taking account of the medium used, the “wall” of a Facebook account, it took the view that the domestic courts’ findings concerning those comments had been fully substantiated. 87. In addition, after noting that the applicant had solely been reproached for his lack of vigilance and reaction with respect to certain https://www.bailii.org/eu/cases/ECHR/2023/418.html 45/100