29/09/2023, 12:35 SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1… responsibilities”, within the meaning of Article 10 § 2 of the Convention, which are to be attributed to politicians when they decide to use social media for political purposes, particularly to meet electoral goals, by opening publicly accessible fora on the Internet where the reactions and comments of users can be posted. The applicant was not merely a private individual and he himself pointed out that he was using this account in his capacity as a local councillor (see paragraph 88 above), for political purposes and in the context of an election (see paragraphs 89, 95 and 96 above). In addition, the Court notes that the applicant is not only a professional in politics, but has also had some expertise in the digital services field. The website of Beaucaire town hall contains a page presenting the applicant as its mayor on which it is expressly stated that in his “professional life” he was responsible for the “FN’s Internet strategy ... for 7 years” (see paragraph 13 above). 181. The Court would first note that the applicant’s initial post on his Facebook “wall” did not contain any offensive language and raises no issue on such grounds (see paragraph 14 above). The domestic authorities reproached him solely for his lack of vigilance and failure to react in respect of certain comments posted by third parties. 182. Moreover, it notes that the attribution of liability for acts committed by third parties may vary depending on the moderation or vetting techniques applied by Internet users who are characterised as “producers” and who merely use social networks or accounts for noncommercial purposes. There is no consensus on this issue among the member States (see paragraph 79 above). 183. The Court is of the view, however, that to engage a person’s liability as “producer”, within the meaning of section 93-3 of Law no. 82652 of 29 July 1982, does not raise any difficulty as a matter of principle, provided that safeguards exist in the apportionment of such liability, which is to be applied in a context of shared liability between various actors, as is the case in the example of hosts. 184. As the Internet has become one of the principal means by which individuals exercise their right to freedom of expression (see paragraphs 158 et seq. above), the Court is of the view that interferences with the exercise of that right should be examined particularly carefully, since they are likely to have a chilling effect, which carries a risk of self-censorship. Nevertheless, the identification of such a risk must not obscure the existence of other dangers for the exercise and enjoyment of fundamental rights and freedoms, in particular those emanating from unlawful, defamatory, hateful or violence‑inciting remarks, which can be disseminated as never before (see paragraphs 161 and 162 above). For https://www.bailii.org/eu/cases/ECHR/2023/418.html 70/100