FRESSOZ AND ROIRE v. FRANCE JUDGMENT
17
regarded as inoffensive or as a matter of indifference, but also to those that
offend, shock or disturb. Such are the demands of pluralism, tolerance and
broadmindedness without which there is no “democratic society” (see the
Handyside v. the United Kingdom judgment of 7 December 1976, Series A
no. 24, p. 23, § 49, and the Jersild v. Denmark judgment of 23 September
1994, Series A no. 298, p. 26, § 37).
(ii) The press plays an essential role in a democratic society. Although it
must not overstep certain bounds, in particular in respect of the reputation
and rights of others and the need to prevent the disclosure of confidential
information, its duty is nevertheless to impart – in a manner consistent with
its obligations and responsibilities – information and ideas on all matters of
public interest (see the De Haes and Gijsels v. Belgium judgment of
24 February 1997, Reports 1997-I, pp. 233-34, § 37). In addition, the Court
is mindful of the fact that journalistic freedom also covers possible recourse
to a degree of exaggeration, or even provocation (see the Prager and
Oberschlick v. Austria judgment of 26 April 1995, Series A no. 313, p. 19,
§ 38).
(iii) As a matter of general principle, the “necessity” for any restriction
on freedom of expression must be convincingly established. Admittedly, it
is in the first place for the national authorities to assess whether there is a
“pressing social need” for the restriction and, in making their assessment,
they enjoy a certain margin of appreciation. In cases, such as the present
one, concerning the press, the national margin of appreciation is
circumscribed by the interest of democratic society in ensuring and
maintaining a free press. Similarly, that interest will weigh heavily in the
balance in determining, as must be done under paragraph 2 of Article 10,
whether the restriction was proportionate to the legitimate aim pursued (see,
mutatis mutandis, the Goodwin v. the United Kingdom judgment of
27 March 1996, Reports 1996-II, pp. 500-01, § 40, and the Worm v. Austria
judgment of 29 August 1997, Reports 1997-V, p. 1551, § 47).
(iv) The Court's task in exercising its supervisory function is not to take
the place of the national authorities but rather to review under Article 10 the
decisions they have taken pursuant to their power of appreciation. In so
doing, the Court must look at the “interference” complained of in the light
of the case as a whole and determine whether the reasons adduced by the
national authorities to justify it are “relevant and sufficient” (see, among
many other authorities, the Goodwin judgment cited above, pp. 500-01,
§ 40).
(b) Application of the above principles to the present case
46. Mr Fressoz and Mr Roire said that their article had been published in
the context of a public debate of general interest to which changes in
Mr Calvet's earnings were, at the time, of particular relevance. The article
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