16
GRA STIFTUNG GEGEN RASSISMUS UND
ANTISEMITISMUS v. SWITZERLAND JUDGMENT
moreover, that they based themselves on an acceptable assessment of the
relevant facts (see, among others, Mamère v. France, no. 12697/03, § 19,
ECHR 2006-XIII, and Lindon, Otchakovsky-Laurens and July, cited above,
§ 45).
54. The Court further recalls that the right to protection of reputation is
protected by Article 8 of the Convention as part of the right to respect for
private life. In order for Article 8 to come into play, however, an attack on a
person’s reputation must attain a certain level of seriousness and in a
manner causing prejudice to personal enjoyment of the right to respect for
private life (see Medžlis Islamske Zajednice Brčko and Others v. Bosnia and
Herzegovina [GC], no. 17224/11, § 76, ECHR 2017). When examining the
necessity of an interference in a democratic society in cases where the
interests of the “protection of the reputation or rights of others” bring
Article 8 into play, the Court may be required to verify whether the
domestic authorities struck a fair balance when protecting two values
guaranteed by the Convention which may come into conflict with each other
in certain cases, namely, on the one hand, freedom of expression protected
by Article 10 and, on the other, the right to respect for private life enshrined
in Article 8 (see Hachette Filipacchi Associés v. France, no. 71111/01,
§ 43, 14 June 2007; MGN Limited v. the United Kingdom, no. 39401/04,
§ 142, 18 January 2011; and Axel Springer AG v. Germany [GC],
no. 39954/08, § 84, 7 February 2012).
55. 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; Von Hannover v. Germany (no. 2)
[GC], nos. 40660/08 and 60641/08, § 106, ECHR 2012; and Couderc and
Hachette Filipacchi Associés v. France [GC], no. 40454/07, § 91,
10 November 2015). 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).
56. The Court has already had occasion to lay down the relevant
principles which must guide its assessment in this area. It has thus identified
a number of criteria which may come into play in the context of balancing
the competing rights (see Couderc and Hachette Filipacchi Associés,
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