FRESSOZ AND ROIRE v. FRANCE JUDGMENT
18
was intended to contribute to a debate that went beyond the Peugeot
chairman as an individual, since his importance, his role, the scale of the
industrial dispute and the size of the company concerned were all matters
lending themselves to discussion. The published article did not therefore
concern Mr Calvet's reputation or rights, but the management of the
company he ran.
The penalty imposed on them was all the more unjust in that, under the
Court of Cassation's case-law, publishing details of a person's income or
assets did not constitute an interference with his private life, especially if he
exercised public or quasi-public functions.
Nor had the penalty been necessary to secure compliance with the duty to
preserve confidentiality. In the instant case only the tax officials had been
subject to confidentiality obligations. Other people, such as members of the
works' council or of Mr Calvet's family, could have disclosed the
information about his income. In any event, Mr Fressoz and Mr Roire could
not have known that the photocopies of the tax assessments sent to them
anonymously had been obtained through a breach of professional
confidence, as the national courts themselves had been unable to establish
such a breach, despite a two-year investigation.
By publishing part of the photocopied documents the applicants had been
able to show that their information was true and fulfil their duty as
journalists to communicate data that had been verified and proof.
Lastly, the reasoning of the Court of Appeal and the Court of Cassation
was transparently artificial and its pernicious effects on freedom of the press
immediate. Mr Calvet had complained solely because his income had been
disclosed. The fact that the applicants had been convicted of the purely
technical offence of handling photocopies disguised what was really a desire
to penalise them for publishing the information, although publication in
itself was quite lawful.
47. The Commission agreed in substance with those submissions.
48. The Government maintained that it was the breach of confidence
regarding tax matters that had led to the applicants' conviction and that
conviction had been necessary to secure effective preservation of
confidentiality. It would be unrealistic to hope to secure compliance with a
duty to preserve confidentiality if any information, including information
that was to remain confidential, could be disclosed with impunity.
Restrictions on freedom of expression were to be assessed in the light of the
responsibilities and obligations of those concerned when the information
was obtained. The addressees of the letter must have been aware that the
documents had been obtained unlawfully. Indeed, the second applicant had
not disputed knowing that the documents came from a tax file and should
therefore have treated them as confidential.
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