FRESSOZ AND ROIRE v. FRANCE JUDGMENT
14
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers ...
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence, or
for maintaining the authority and impartiality of the judiciary.”
it.
The Government contested that submission; the Commission agreed with
A. The Government's preliminary objection
33. As they had done before the Commission, the Government pleaded
failure to exhaust domestic remedies. Mr Fressoz and Mr Roire had
confined themselves to denying the charge of handling stolen goods that had
been brought against them. At no stage, not even as an alternative
submission, had they sought to argue that there was a contradiction between
the charges on which they had been found guilty and the principle of
freedom of expression. Thus, they had not complained, either expressly or
in substance, of a breach of Article 10 of the Convention before the
domestic courts even though they might have succeeded on that point of
law, which had been admissible before the national courts. They had
accordingly failed to afford the French courts an opportunity to decide
whether the criminal proceedings that had been brought against them were
compatible with the principle of freedom of expression. Consequently,
domestic remedies had not been exhausted and the Court, consistent with its
decision in the Ahmet Sadık v. Greece case (see the judgment of
15 November 1996, Reports of Judgments and Decisions 1996-V, p. 1654,
§§ 32-33), was unable to hear the case.
34. The applicants replied that they had raised in substance the
complaint of a violation of Article 10 of the Convention before the Court of
Cassation, as their pleadings before that court showed (see paragraph 23
above). After referring to the Act of 29 July 1881, which established the
principle of freedom of the press, they had argued, firstly, that Mr Calvet's
tax assessments were not confidential as they were available to the public
and, secondly, that they could not in law be guilty of “handling
information”. In any event, arguing that there had been a breach of
Article 10 would not have prevented the ordinary rules of law governing the
handling of stolen goods taking precedence over the protection of freedom
of expression.
35. In its decision on the admissibility of the application, the
Commission dismissed the objection on the ground that the applicants had
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