29/09/2023, 12:35
SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1…
not yet given rise to any specific case-law at the relevant time. However,
as the Court has already pointed out, a margin of doubt as to the
consequences of applying a law to borderline facts does not in itself mean
that its application fails to meet the requirement of foreseeability (see
paragraph 126 above), nor does the fact that this was the first case of its
kind as such render the interpretation of the law unforeseeable (see
paragraph 127 above). The novel character of the legal question raised in
the case was not in itself incompatible with the requirements of
accessibility and foreseeability of the law. Moreover, as the Chamber
rightly observed (see paragraphs 69 and 72 of its judgment), the applicant,
even though he was assisted by a lawyer at the Conseil d’État and at the
Court of Cassation, did not raise this matter in his appeal on points of law,
thus showing that he did not intend to dispute in the domestic courts the
quality of the legal basis of the proceedings against him. In any event, the
Court notes that the applicant did not substantiate his allegation that the
domestic courts’ interpretation had been arbitrary or manifestly
unreasonable (see paragraphs 127 and 128 above). On the contrary,
having regard to the foregoing, it was one of the possible and reasonably
foreseeable interpretations.
142. Having regard to all of the foregoing considerations, the Court
finds that section 93-3 of Law no. 82-652 of 29 July 1982 was formulated
with sufficient precision, for the purposes of Article 10 of the Convention,
to enable the applicant to regulate his conduct in the circumstances of the
present case.
3. Whether the interference pursued a legitimate aim
143. The applicant did not agree that his criminal conviction had
pursued a legitimate aim, arguing that section 93-3 of Law no. 82-652 of
29 July 1982 was intended as a basis for proceedings to be brought
against the producer only where they could not be brought against the
publication director and authors.
144. While referring to its findings on the lawfulness of the
interference in this connection (see paragraphs 135-139 above), the Court
takes the view that there is no doubt, having regard to the reasoning given
by the domestic courts in support of the applicant’s conviction (see
paragraphs 26-28 and 31‑26 above), that the interference pursued not only
the legitimate aim of protecting the reputation or the rights of others but
also that of preventing disorder and crime (contrast Perinçek
v. Switzerland [GC], no. 27510/08, § 153, ECHR 2015 (extracts)).
https://www.bailii.org/eu/cases/ECHR/2023/418.html
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