PIHL v. SWEDEN DECISION
5
COMPLAINT
21. The applicant complained under Article 8 of the Convention that the
fact that Swedish legislation prevented him from holding the association
responsible for the defamatory comment had violated his right to respect for
his private life.
THE LAW
22. The applicant complained that his right to privacy had been violated,
contrary to Article 8 of the Convention, which in the relevant parts, reads:
“1. Everyone has the right to respect for his private ... life ...
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
23. The Court reiterates that the notion of “private life” within the
meaning of Article 8 of the Convention is a broad concept which extends to
a number of aspects relating to personal identity, such as a person’s name or
image, and furthermore includes a person’s physical and psychological
integrity (see Von Hannover v. Germany, no. 59320/00, § 50, ECHR
2004-VI, with further references). It has also been accepted by the Court
that a person’s right to protection of his or her reputation is encompassed by
Article 8 as part of the right to respect for private life (see Magyar
Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary,
no. 22947/13, § 57, 2 February 2016, and Pfeifer v. Austria, no. 12556/03,
§ 35, ECHR 2007‑XII).
24. However, in order for Article 8 to come into play, the attack on
personal honour and reputation must attain a certain level of seriousness and
must have been carried out in a manner causing prejudice to personal
enjoyment of the right to respect for private life (see Delfi AS v. Estonia
[GC], no. 64569/09, § 137, ECHR 2015, and Axel Springer AG v. Germany
[GC], no. 39954/08, § 83, 7 February 2012).
25. In the present case, the Court notes that the comment made about the
applicant was found by the national courts to constitute defamation because
of the context in which it had been made. While the Court considers that the
comment, although offensive, certainly did not amount to hate speech or
incitement to violence (contrast Delfi AS, cited above, §§ 18, 114 and 162),
it accepts the national courts’ finding and, consequently, that the comment
falls within the scope of Article 8.