12
WĘGRZYNOWSKI AND SMOLCZEWSKI v. POLAND JUDGMENT
pursued by the authorities (see, among other authorities, Olsson v. Sweden
(No. 1), 24 March 1988, § 67, Series A no. 130).
54. In addition, there may also be positive obligations inherent in
effective “respect” for private life. These obligations may involve the
adoption of measures designed to secure respect for private life even in the
sphere of relations between individuals, including both the provision of a
regulatory framework of adjudicatory and enforcement machinery
protecting individuals’ rights, and the implementation, where appropriate, of
specific measures (see, among other authorities, X and Y v. the Netherlands,
26 March 1985, § 23, Series A no. 91, and R.R. v. Poland, no. 27617/04,
§§ 183-184, ECHR 2011 (extracts)).
55. The notion of “respect” for private life within the meaning of
Article 8 of the Convention for the purposes of the State’s positive
obligations is not clear-cut. In view of the diversity of the practices followed
and the situations obtaining in the Contracting States, the notion’s
requirements will vary considerably from case to case. Accordingly, this is
an area in which the Contracting Parties enjoy a wide margin of
appreciation in determining the steps to be taken to ensure compliance with
the Convention, account being taken of the needs and resources of the
community and of individuals. Nonetheless, Article 8, like any other
provision of the Convention or its protocols, must be interpreted in such a
way as to guarantee not rights that are theoretical or illusory but rights that
are practical and effective (see Armonienė v. Lithuania, no. 36919/02, § 38,
25 November 2008, and Biriuk v. Lithuania, no. 23373/03, § 37,
25 November 2008).
56. In particular, in cases concerning newspaper publications, the Court
has previously held that the protection of private life has to be balanced,
among other things, against the freedom of expression guaranteed by
Article 10 of the Convention (see Karakó v. Hungary, no. 39311/05, § 26,
28 April 2009; Armonienė, cited above, § 39; Biriuk, cited above, § 38;
Axel Springer AG v. Germany [GC], no. 39954/08, § 89 et seq., 7 February
2012). This interplay between Article 10 and Article 8 was highlighted by
the Court on numerous occasions (see, for instance, Von Hannover
v. Germany, no. 59320/00, ECHR 2004-VI, Karakó v. Hungary, cited
above). As a matter of principle the rights guaranteed by these provisions
deserve equal respect (see Hachette Filipacchi Associés (ICI PARIS)
v. France, no. 12268/03, § 41, 23 July 2009; Timciuc v. Romania (dec.),
no. 28999/03, § 144, 12 October 2010; and Mosley v. the United Kingdom,
no. 48009/08, § 111, 10 May 2011).
57. The Court has reiterated on numerous occasions that freedom of
expression constitutes one of the essential foundations of a democratic
society and in that context the safeguards guaranteed to the press are
particularly important. The Court has also observed that the most careful of
scrutiny under Article 10 is required where measures or sanctions imposed
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