29/09/2023, 12:35 SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1… and popular users of social media may be assimilated to that of a “public watchdog” in so far as the protection afforded by Article 10 is concerned (see Magyar Helsinki Bizottság v. Hungary [GC], no. 18030/11, § 168, 8 November 2016). 160. As the Court has previously observed, the Internet has fostered the “emergence of citizen journalism”, as political content ignored by the traditional media is often disseminated via websites to a large number of users, who are then able to view, share and comment upon the information (see Cengiz and Others v. Turkey, nos. 48226/10 and 14027/11, § 52, ECHR 2015 (extracts)). Generally speaking, the use of new technologies, especially in the political field, is now commonplace, whether it be the Internet or a mobile application “put in place by [a political party] for voters to impart their political opinions”, “but also to convey a political message”; in other words, a mobile application may become a tool “allowing [voters] to exercise their right to freedom of expression” (see Magyar Kétfarkú Kutya Párt, cited above, §§ 88-89). 162. Defamatory and other types of clearly unlawful speech, including hate speech and speech inciting violence, can be disseminated as never before, worldwide, in a matter of seconds, and sometimes remain available online for lengthy periods (see Savva Terentyev v. Russia, no. 10692/09, § 79, 28 August 2018, and Savcı Çengel v. Turkey (dec.), no. 30697/19, § 35, 18 May 2021). Bearing in mind the need to protect the values underlying the Convention, and considering that the rights under Articles 10 and 8 of the Convention deserve equal respect, a balance must be struck that retains the essence of both rights. While the Court acknowledges that important benefits can be derived from the Internet in the exercise of freedom of expression, it has also found that the possibility of imposing liability for defamatory or other types of unlawful speech must, in principle, be retained, constituting an effective remedy for violations of personality rights (see Delfi AS, cited above, § 110). (β) Liability for third-party comments on the Internet 163 . It was in the Delfi AS judgment (cited above, § 111) that the Court was called upon for the first time to examine a complaint in the evolving field of technological innovation that is the Internet. That case concerned the liability - exclusively civil - of a company which owned a major online news portal, on account of unlawful comments posted by third parties following the publication of an article on that portal. In that case, in order to resolve the question whether the domestic courts’ decisions holding the applicant company liable for the comments by third parties were in breach of its freedom of expression, the Court relied on the following aspects: first, the context of the comments; second, the https://www.bailii.org/eu/cases/ECHR/2023/418.html 65/100