29/09/2023, 12:35
SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1…
There appeared before the Court:
(a) for the Government
Mr T. Stehelin ,
Agent;
Mr B. Chamouard,
Agent;
Mr J.-B. Desprez,
Ms M. Blanchard,
Ms P. Reparaz,
Ms A. Roux,
Advisers.
coco-
(b) for the applicant
Mr D. Dassa-Le-Deist,
Mr S. Josserand,
Counsel.
The Court heard addresses by Mr Stehelin, Mr Dassa-Le Deist and
Mr Josserand, and also their replies to questions from judges.
INTRODUCTION
11. The application concerns, with regard to Article 10 of the
Convention, the criminal conviction of the applicant, at the time a local
councillor who was standing for election to Parliament, for the offence of
incitement to hatred or violence against a group or an individual on
grounds of religion, following his failure to take prompt action to delete
comments posted by third parties on the “wall” of his Facebook account.
THE FACTS
THE CIRCUMSTANCES OF THE CASE
12. The applicant was born in 1983 and lives in Beaucaire.
13. He has been the mayor of Beaucaire since 2014 and chairs the
group of the Rassemblement national (a political party known as Front
national (FN) until 2018) in the Regional Council of Occitanie. The
website of Beaucaire town hall contains a page presenting the applicant
on which it is also stated that in his “professional life” he was responsible
for the “FN’s Internet strategy ... for 7 years”. At the time of the events at
issue he was the Front national candidate for the Nîmes constituency in
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