PIHL v. SWEDEN DECISION
6
26. The Court next observes that what is at issue in the present case is
not an act by the State but the alleged inadequacy of the protection afforded
by the domestic courts to the applicant’s private life. While the essential
object of Article 8 is to protect the individual against arbitrary interference
by the public authorities, it does not merely compel the State to abstain from
such interference: in addition to this negative undertaking, there may be
positive obligations inherent in effective respect for private or family life.
These obligations may also involve the adoption of measures designed to
secure respect for private life even in the sphere of the relations of
individuals between themselves. The boundary between the State’s positive
and negative obligations under Article 8 does not lend itself to precise
definition; the applicable principles are, nonetheless, similar. In both
contexts regard must be had to the fair balance that has to be struck between
the relevant competing interests; and in both contexts the State enjoys a
certain margin of appreciation (see Von Hannover v. Germany (no. 2) [GC],
nos. 40660/08 and 60641/08, §§ 98-99, ECHR 2012).
27. In this respect, as concerns competing interests under Article 8 and
Article 10 of the Convention, the Court has established the following, as
summarised in Delfi AS (cited above, § 139):
“The Court has found that, as a matter of principle, the rights guaranteed under
Articles 8 and 10 deserve equal respect, and the outcome of an application should not,
in principle, vary according to whether it has been lodged with the Court under Article
10 of the Convention by the publisher of an offending article or under Article 8 of the
Convention by the person who has been the subject of that article. Accordingly, the
margin of appreciation should in principle be the same in both cases (see Axel
Springer AG, cited above, § 87, and Von Hannover v. Germany (no. 2) [GC],
nos. 40660/08 and 60641/08, § 106, ECHR 2012, with further references to the cases
of Hachette Filipacchi Associés, cited above, § 41; Timciuc v. Romania (dec.),
no. 28999/03, § 144, 12 October 2010; and Mosley v. the United Kingdom, no.
48009/08, § 111, 10 May 2011). Where the balancing exercise between those two
rights has been undertaken by the national authorities in conformity with the criteria
laid down in the Court’s case-law, the Court would require strong reasons to substitute
its view for that of the domestic courts (see Axel Springer AG, cited above, § 88, and
Von Hannover (no. 2), cited above, § 107, with further references to MGN Limited,
cited above, §§ 150 and 155, and Palomo Sánchez and Others v. Spain [GC],
nos. 28955/06, 28957/06, 28959/06 and 28964/06, § 57, 12 September 2011). In other
words, there will usually be a wide margin afforded by the Court if the State is
required to strike a balance between competing private interests or competing
Convention rights (see Evans v. the United Kingdom [GC], no. 6339/05, § 77, ECHR
2007-I; Chassagnou and Others v. France [GC], nos. 25088/94, 28331/95 and
28443/95, § 113, ECHR 1999-III; and Ashby Donald and Others v. France, no.
36769/08, § 40, 10 January 2013).”
28. In making this assessment, the Court has also identified the
following specific aspects of freedom of expression in terms of protagonists
playing an intermediary role on internet, as being relevant for the concrete
assessment of the interference in question: the context of the comments, the
measures applied by the company in order to prevent or remove defamatory