WĘGRZYNOWSKI AND SMOLCZEWSKI v. POLAND JUDGMENT
13
on the press are capable of discouraging the participation of the press in
debates on matters of legitimate public concern (Bladet Tromsø and
Stensaas v. Norway [GC], no. 21980/93, § 64, ECHR 1999-III).
Furthermore, particularly strong reasons must be provided for any measure
limiting access to information which the public has the right to receive (see
Timpul Info-Magazin and Anghel v. Moldova, no. 42864/05, § 31,
27 November 2007). At the same time the Court has observed that the press
must not overstep certain bounds, particularly as regards the reputation and
rights of others (see Tammer v. Estonia, no. 41205/98, § 62, ECHR 2001-I,
and Dalban v. Romania [GC], no. 28114/95, § 49, ECHR 1999-VI).
58. The Court has held that the Internet is an information and
communication tool particularly distinct from the printed media, especially
as regards the capacity to store and transmit information. The electronic
network, serving billions of users worldwide, is not and potentially will
never be subject to the same regulations and control. The risk of harm posed
by content and communications on the Internet to the exercise and
enjoyment of human rights and freedoms, particularly the right to respect
for private life, is certainly higher than that posed by the press. Therefore,
the policies governing reproduction of material from the printed media and
the Internet may differ. The latter undeniably have to be adjusted according
to technology’s specific features in order to secure the protection and
promotion of the rights and freedoms concerned (see Editorial Board of
Pravoye Delo and Shtekel v. Ukraine, no. 33014/05, § 63, ECHR 2011
(extracts)).
59. According to the case-law of the Court, Internet archives fall within
the ambit of the protection afforded by Article 10 (see Times Newspapers
Ltd, cited above, § 27). The Court stressed the substantial contribution made
by Internet archives to preserving and making available news and
information. Such archives constitute an important source for education and
historical research, particularly as they are readily accessible to the public
and are generally free. While the primary function of the press in a
democracy is to act as a “public watchdog”, it has a valuable secondary role
in maintaining and making available to the public archives containing news
which has previously been reported (see Times Newspapers Ltd, cited
above, § 27). The maintenance of Internet archives is a critical aspect of this
role.
The Court has held, in the context of an Article 10 complaint brought by
a newspaper, that a requirement to publish an appropriate qualification to an
article contained in an Internet archive, where it has been brought to the
notice of a newspaper that a libel action has been initiated in respect of that
same article published in the written press, did not constitute a
disproportionate interference with the right to freedom of expression. The
Court was of the view that such an obligation in respect of an Internet
archive managed by a publisher of a newspaper itself was not excessive.
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