4
NISKASAARI AND OTAVAMEDIA OY v. FINLAND JUDGMENT
court in the matter. As to the merits, the Appeal Court mentioned Article 10
of the Convention and the principles expressed therein as well as adverting
to the Court’s case-law and legal literature on Article 10. With reference to
the Court’s case-law, it recalled that even if everyone was guaranteed
freedom of expression, it was not permitted to defame others or to
disseminate false information on anybody. In this respect a journalist had
the same responsibility as others. The Appeal Court then found that it had
not been proved that the complainant had disseminated wrong information
in the documentaries in the manner recounted by the first applicant, except
for the misleading information given in the context of the reportage on
mould-infested houses which the complainant had failed to rectify. It
appeared also from the witness statements that different statistical
information existed as far as the conserved forest area in Finland was
concerned, such that it could not be said that the figures given by the
complainant had been fabricated. The first applicant had thus imparted false
information on the complainant and these accusations had been serious. The
first applicant had not therefore had strong reasons or probable cause to hold
his own accusations to be true. The fact that freedom of expression was
guaranteed under Article 12 of the Constitution as well as under Article 10
of the Convention together with the fact that the complainant was also a
journalist and that the first applicant had been able to give grounds for his
own opinion in the media, did not entitle the first applicant to impart the
above-mentioned false information. Nor did the first applicant have the right
to call the complainant a liar. On these grounds the first applicant was found
guilty of defamation.
19. By letter dated 31 March 2009 the applicants appealed to the
Supreme Court (korkein oikeus, högsta domstolen), claiming that all facts
had been correct in the article published in Seura magazine. Moreover,
during the oral hearing in the Appeal Court, the applicants had not been
allowed to put questions to the opposing party’s witnesses, whereas the
opposing party had been able to question their witnesses. Also the evidence
provided by the applicants had not been adequately taken into account by
the Appeal Court and the proceedings had taken place in the wrong forum.
20. On 11 December 2009 the Supreme Court refused the applicants
leave to appeal.
II. RELEVANT DOMESTIC LAW
21. The Finnish Constitution (Suomen perustuslaki, Finlands grundlag,
Act no. 731/1999) provides in relevant parts:
“Section 10 – The right to privacy
Everyone’s private life, honour and the sanctity of the home are guaranteed. ...
...
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