press. As a consequence, in such cases, freedom of expression
requires a more narrow interpretation (see Société Prisma
Presse v France (dec), nos 66910/01 and 71612/01, 1 July
2003; Von Hannover, cited above, para 66; Leempoel & SA E
Ciné Revue v Belgium, no 64772/01, para 77, 9 November
2006; Hachette Filipacchi Associés (ICI PARIS), cited above,
para 40; and MGN Ltd, cited above, para 143.”
23.
Most recently, in Couderc and Hachette Filipacchi Associés v France
(Application No 40454/07), paras 100-101, the Court said:
“100. The Court has also emphasised on numerous occasions
that, although the public has a right to be informed, and this is
an essential right in a democratic society which, in certain
special circumstances, can even extend to aspects of the private
life of public figures, articles aimed solely at satisfying the
curiosity of a particular readership regarding the details of a
person’s private life, however well-known that person might
be, cannot be deemed to contribute to any debate of general
interest to society (see Von Hannover, cited above, para 65;
MGN Ltd v United Kingdom, no 39401/04, para 143, 18
January 2011; and Alkaya v Turkey, no. 42811/06, para 35, 9
October 2012).
101. Thus, an article about the alleged extra-marital
relationships of high-profile public figures who were senior
State officials contributed only to the propagation of rumours,
serving merely to satisfy the curiosity of a certain readership
(see Standard Verlags GmbH v Austria (No 2), no 21277/05,
para 52, 4 June 2009). Equally, the publication of photographs
showing scenes from the daily life of a princess who exercised
no official functions was aimed merely at satisfying the
curiosity of a particular readership (see Von Hannover, cited
above, para 65, with further references). The Court reiterates in
this connection that the public interest cannot be reduced to the
public’s thirst for information about the private life of others,
or to the reader’s wish for sensationalism or even voyeurism.”
24.
In these circumstances, it may be that the mere reporting of sexual encounters
of someone like the appellant, however well known to the public, with a view to
criticising them does not even fall within the concept of freedom of expression under
article 10 at all. But, accepting that article 10 is not only engaged but capable in
principle of protecting any form of expression, these cases clearly demonstrate that
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