GRA STIFTUNG GEGEN RASSISMUS UND
ANTISEMITISMUS v. SWITZERLAND JUDGMENT
17
cited above, § 93). The relevant criteria thus defined include: contribution to
a debate of public interest, the degree of notoriety of the person affected, the
subject of the news report, the prior conduct of the person concerned, and
the content, form and consequences of the publication.
57. Lastly, the Court has previously accepted that when an NGO draws
attention to matters of public interest, it is exercising a “public watchdog”
role of similar importance to that of the press (see Animal Defenders
International v. the United Kingdom [GC], no. 48876/08, § 103, ECHR
2013 (extracts)) and may be characterised as a social “watchdog”
warranting similar protection under the Convention as that afforded to the
press (ibid., and Magyar Helsinki Bizottság v. Hungary [GC], no. 18030/11,
§ 166, 8 November 2016).
(ii) Application of the general principles in the present case
58. The Court notes that the present case concerns a conflict of
concurring rights, namely, on the one hand, respect for B.K.’s right to
respect for his private life and freedom of expression and, on the other, the
applicant organisation’s right to freedom of expression.
59. Where national jurisdictions have carried out a balancing exercise in
relation to those rights, the Court has to examine whether, during their
assessment, they applied the criteria established in its jurisprudence on the
subject (see Axel Springer AG, cited above, § 88) and whether the reasons
that led them to take the impugned decisions were sufficient and relevant to
justify the interference with the right to freedom of expression
(see Cicad v. Switzerland, no. 17676/09, § 52, 7 June 2016). It will do so by
examining the criteria established in it case-law (see paragraph 56 above)
which are of relevance to the present case.
(ɑ) Contribution to a debate of public interest
60. When assessing the impugned statements in the present case, it is
first of all important to bear in mind the general background of the ongoing
political debate in which both statements were made.
61. Both B.K.’s speech and the applicant organisation’s article
concerned a topic of intense public debate in Switzerland at the material
time, which was the popular initiative against the construction of minarets,
which was widely reported on in national and international media. The
initiative, calling for a ban on the construction of minarets, was ultimately
accepted by a referendum on 29 November 2009 and such a ban was
included in the Swiss Constitution.
(β) How well-known is the person concerned and the subject of the report
62. The Court reiterates that a distinction has to be made between
private individuals and persons acting in a public context, as political or
public figures. Accordingly, whilst a private individual unknown to the
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