FRESSOZ AND ROIRE v. FRANCE JUDGMENT
20
general debate on a topic that interested the public (see, for example, the
Thorgeir Thorgeirson v. Iceland judgment of 25 June 1992, Series A
no. 239, p. 28, § 66).
The Court of Cassation has held that questions relating to the finances of
public figures, such as heads of major companies, do not concern their
private life. That is not something the Government disputed.
51. Not only does the press have the task of imparting information and
ideas on matters of public interest: the public also has a right to receive
them (see, among other authorities, the following judgments: Observer and
Guardian v. the United Kingdom of 26 November 1991, Series A no. 216,
p. 30, § 59; Jersild, cited above, p. 23, § 31; and De Haes and Gijsels, cited
above, p. 234, § 39). That is particularly true in the instant case, as issues
concerning employment and pay generally attract considerable attention.
Consequently, an interference with the exercise of press freedom cannot be
compatible with Article 10 of the Convention unless it is justified by an
overriding requirement in the public interest (see the Goodwin judgment
cited above, p. 500, § 39).
52. Admittedly, people exercising freedom of expression, including
journalists, undertake “duties and responsibilities” the scope of which
depends on their situation and the technical means they use (see, mutatis
mutandis, the Handyside judgment cited above, p. 23, § 49 in fine). In the
present case the Court of Appeal held that in the light of the nature of the
documents and of the checks which Mr Roire says he carried out, the
defendants must have known that the documents came from a tax file (see
paragraph 22 above) and were therefore confidential. While recognising the
vital role played by the press in a democratic society, the Court stresses that
journalists cannot, in principle, be released from their duty to obey the
ordinary criminal law on the basis that Article 10 affords them protection.
Indeed, paragraph 2 of Article 10 defines the boundaries of the exercise of
freedom of expression. It falls to be decided whether, in the particular
circumstances of the case, the interest in the public's being informed
outweighed the “duties and responsibilities” the applicants had as a result of
the suspect origin of the documents that were sent to them.
53. The Court must in particular determine whether the objective of
protecting fiscal confidentiality, which in itself is legitimate, constituted a
relevant and sufficient justification for the interference. In that connection, it
must be noted that although the applicants' conviction was based solely on
the reproduction in Le Canard enchaîné of documents in the possession of
the tax authorities that were held to have been communicated to Mr Fressoz
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