Previous 63 / 99 Next

29/09/2023, 12:35 SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1… “necessity” of a given interference with the right to freedom of expression (see, among other authorities, Sürek v. Turkey (no. 1) [GC], no. 26682/95, § 61, ECHR 1999‑IV and the references cited therein). In addition, expressions that seek to spread, incite or justify hatred based on intolerance, including religious intolerance, do not enjoy the protection afforded by Article 10 of the Convention (see E.S. v. Austria, no. 38450/12, § 43, 25 October 2018). 157. In its Soulas judgment (cited above, § 42), the Court reiterated one of the lessons of Jersild v. Denmark (23 September 1994, § 30, Series A no. 298), namely that it was of the utmost importance to combat racial discrimination in all its forms and manifestations. Moreover, the Court has consistently held that the varying degrees of problems that States may face in the context of immigration and integration policies require that they be afforded a margin of appreciation that is broad enough to determine the existence and extent of the necessity of such interference (see Le Pen, decisions cited above, and Soulas, cited above, § 38). Hate speech is not always openly presented as such. It may take various forms, not only through patently aggressive and insulting remarks that wilfully undermine the values of tolerance, social peace and non-discrimination (which may give rise to the application of Article 17 of the Convention see, among many other authorities, Ayoub and Others v. France, nos. 77400/14 and 2 others, 8 October 2020, and the numerous authorities cited therein at §§ 92-101), but also implicit statements which, even if expressed guardedly or in a hypothetical form (see Smajić v. Bosnia and Herzegovina (dec.), no. 48657/16, 16 January 2018), prove equally as hateful. (iv) Internet and social media (α) General principles 158. The Internet has become one of the principal means by which individuals exercise their right to freedom of expression. It provides essential tools for participation in activities and discussions concerning political issues and issues of general interest (see Vladimir Kharitonov v. Russia, no. 10795/14, § 33, 23 June 2020, and Melike v. Turkey, no. 35786/19, § 44, 15 June 2021). 159. The possibility for user-generated expressive activity on the Internet provides an unprecedented platform for the exercise of freedom of expression (see Delfi AS, cited above, § 110; Times Newspapers Ltd v. the United Kingdom (nos. 1 and 2), nos. 3002/03 and 23676/03, § 27, ECHR 2009; and Ahmet Yıldırım v. Turkey, no. 3111/10, § 48, ECHR 2012). Given the important role played by the Internet in enhancing the public’s access to news and in generally facilitating the dissemination of information (see Delfi AS, cited above, § 133), the function of bloggers https://www.bailii.org/eu/cases/ECHR/2023/418.html 64/100

Select target paragraph3

● ● ●

Sanchez v. France (GC)

Case Law

Country

France

Country Location

Latitude: 46.808568018841505

Longitude: 2.799314618110868

Country Location (linked Case Law): France

Decision Date: May 15, 2023

Case Status: Closed

Case Outcome (Procedural)

Dismissed
Inadmissible
Motion Denied

Case Outcome (Disposition)

Judgment in Favor of Defendant/ Acquittal

Keywords

Access to Information
Content Regulation / Censorship
Digital Rights

Judicial Body: European Court of Human Rights (ECtHR)

Court Name: European Court of Human Rights (ECtHR)

Case Number: 45581/15

Case Summary: The Grand Chamber of the European Court of Human Rights (ECtHR) dismissed the application brought by Mr Julien Sanchez against France for an alleged violation of Article 10 of the European Convention on Human Rights (ECHR) by reason of the criminal conviction imposed on him by France—after he failed to remove hateful comments on his Facebook “wall”. Mr Sanchez, a politician in France and a candidate in the legislative elections, had been fined—in a criminal procedure—by French courts for failing to remove from his Facebook wall comments made by third parties that were discriminatory and incited hatred or violence against the Muslim community. The applicant argued that the fine violated his right to freedom of expression by requiring him to bear the disproportionate burden of monitoring all comments posted at any time by other users on his open and public Facebook wall. Mr Sanchez applied to the European Court of Human Rights alleging a violation of Article 10. The Fifth Section of the European Court of Human Rights held that Mr Sanchez's conviction, for failing to promptly remove unlawful comments posted by third parties on the public wall of his Facebook account, did not violate his rights under Article 10 of the ECHR. The Fifth Section of the Court held that the comments were manifestly unlawful because they discriminated against the Muslim community and that the sentence imposed by the French courts penalized him for his lack of control over a communication service open to the public which he had created on his own initiative. In that regard, it stressed that Mr Sanchez, as the owner of the wall of his Facebook account, had specific obligations to monitor and remove hateful comments. Finally, the Grand Chamber of the European Court of Human Rights held —in a 13-4 votation— that Article 10 of the Convention had not been violated because, although France had interfered with the applicant’s freedom of expression, the interference was lawful and necessary in a democratic society and pursued a legitimate aim. The Grand Chamber held that it was not disproportionate to attribute shared liability—in varying degrees —to all the actors involved, including Mr Sanchez in his capacity as owner of the Facebook wall, for failing to take action in relation to the discriminatory comments. The ECtHR highlighted that the duty to act reasonably, in light of the circumstances, was greater for the applicant in his capacity as a politician, and that Mr Sanchez was aware of the controversial comments posted on his social network.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Source URL: Global Freedom of Expression

Collection

CIPIT

Date Updated: Sep 29, 2023

Primary Documents

SANCHEZ v. FRANCE - 45581_15 (Judgment _ No Article 10 - Freedom of expression-{general} _ Grand Chamber) [2023] ECHR 418 (15 May 2023).pdf
English
Download View

CYRILLA: Global Digital Rights Law

Select target paragraph3

Sanchez v. France (GC)

Primary Documents

Notifications