WĘGRZYNOWSKI AND SMOLCZEWSKI v. POLAND JUDGMENT
11
found by the courts to be in violation of the applicant’s rights falling within
the ambit of this provision.
50. The Government submitted that although the article published on
2 December 2000 had infringed the applicant’s rights, the damage caused by
that violation had effectively been redressed by the judgments of 8 May
2002 and 24 April 2003 allowing their claim and awarding compensation.
These judgments prevented the applicant from claiming another violation of
his rights originating in the same factual circumstances which had already
existed prior to these judgments and which had been known or could have
easily been known to the applicant, namely the existence of the article on
the newspaper’s website in December 2000.
51. The fact that the article had remained on the newspaper’s website
after the first set of the proceedings had come to end had not amounted to a
separate violation, given that it had been published simultaneously with the
print edition of the newspaper. There had therefore been no “new
publication” giving rise to a new breach of his rights. The applicant could
have sought the rectification of the article or the publication of a footnote or
an apology covering the Internet version of the article during the first set of
proceedings. The applicant had been negligent in formulating his first claim.
52. The Government were of the view that accepting the approach
proposed by the second applicant could lead to the newspaper being subject
to ongoing liability. Anyone could bring an action against a publisher of
material on the Internet whenever he or she found out about it, regardless of
the date on which the contested material had been published on the relevant
website. Such uncertainty would be disproportionate and could have a
chilling effect on journalists and publishers. The Government referred to the
case of Times Newspapers Ltd (cited above). The Court had held that while
an aggrieved applicant must be afforded a real opportunity to assert his right
to protect his reputation, libel proceedings brought against a newspaper after
a significant lapse of time may well, in the absence of exceptional
circumstances, give rise to a disproportionate interference with press
freedom under Article 10. In the Government’s opinion, such “exceptional
circumstances” had not existed in the present case.
2. The Court’s assessment
53. The essential object of Article 8 of the Convention is to protect the
individual against arbitrary interference by public authorities. Any
interference under the first paragraph of Article 8 must be justified in terms
of the second paragraph as being “in accordance with the law” and
“necessary in a democratic society” for one or more of the legitimate aims
listed therein. According to the Court’s settled case-law, the notion of
necessity implies that the interference corresponds to a pressing social need
and, in particular, that it is proportionate to one of the legitimate aims
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