29/09/2023, 12:35 SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1… 150. Moreover, political figures also have duties and responsibilities. Thus the Court has found that it is crucial for politicians, when expressing themselves in public, to avoid comments that might foster intolerance (see Erbakan v. Turkey, no. 59405/00, § 64, 6 July 2006), and that they should also be particularly careful to defend democracy and its principles, their ultimate aim being to govern (see Féret, cited above, § 75). In particular, to foster the exclusion of foreigners constitutes a fundamental attack on individual rights, and everyone - politicians included - should exercise particular caution in discussing such matters (ibid.). Consequently, remarks capable of arousing a feeling of rejection and hostility towards a community fall outside the protection guaranteed by Article 10 (see Le Pen v. France (dec.), no. 45416/16, §§ 34 et seq., 28 February 2017). 151. Such responsibility does not, of course, rule out any discussion of delicate or sensitive matters, but it must be borne in mind that political parties have the right to defend their opinions in public, even if some may offend, shock or disturb part of the population. They can therefore propose solutions to the problems linked to immigration, but in doing so they must avoid advocating racial discrimination and resorting to vexatious or humiliating remarks or attitudes, as such conduct might trigger reactions among the public that would be detrimental to a peaceful social climate and might undermine confidence in the democratic institutions (see Féret, cited above, § 77). (γ) The election context 152. In the context of an election campaign, a certain vivacity of comment may be tolerated more than in other circumstances (see Desjardin v. France, no. 22567/03, § 48, 22 November 2007, and Brasilier v. France, no. 71343/01, § 42, 11 April 2006). One of the principal characteristics of democracy is indeed the possibility it offers of resolving problems through public debate (see Dareskizb Ltd v. Armenia, no. 61737/08, § 77, 21 September 2021). Generally speaking, during an election campaign, discussion of the candidates and their programmes contributes to the public’s right to receive information and strengthens voters’ ability to make informed choices between candidates (see Orlovskaya Iskra v. Russia, no. 42911/08, § 130, 21 February 2017). 153. Furthermore, while political parties should enjoy broad freedom of expression in the context of an election, in order to try to convince their electorate, in the case of racist or xenophobic discourse such a context contributes to stirring up hatred and intolerance, as the positions of the candidates will inevitably harden and slogans or catchphrases become more prominent than reasoned arguments. The impact of racist and xenophobic discourse then becomes greater and more harmful (see Féret, cited above, § 76). https://www.bailii.org/eu/cases/ECHR/2023/418.html 62/100