EINARSSON v. ICELAND JUDGMENT
9
party’s right to freedom of expression as guaranteed by Article 10. It
therefore considers it useful to reiterate the relevant general principles.
(a) General principles
32. 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).
33. Furthermore, it has 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. The Court has also concluded that a
person’s reputation is part of their personal identity and moral integrity,
which are a matter of private life even if the person is criticised in a public
debate (see Pfeifer v. Austria, no. 12556/03, § 35, ECHR 2007-XII, and
Petrie v. Italy, no. 25322/12, § 39, 18 May 2017). The same considerations
apply to a person’s honour (A. v. Norway, no. 28070/06, § 64, 9 April 2009,
and Sanchez Cardenas v. Norway, no. 12148/03, § 38, 4 October 2007).
34. 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, inter alia, Axel
Springer AG v. Germany [GC], no. 39954/08, § 83, 7 February 2012, Delfi
AS v. Estonia [GC], no. 64569/09, § 137, ECHR 2015, and Medžlis
Islamske Zajednice Brčko and others v. Bosnia and Herzegovina [GC], no.
17224/11, § 76, 27 June 2017).
35. The Court notes that in cases such as the present one, it is for the
Court to determine whether the State, in fulfilling its positive obligations
under Article 8 of the Convention, has struck a fair balance between the
applicant’s right to respect for his private life and the right of the opposing
party to freedom of expression protected by Article 10 of the Convention.
Moreover, paragraph 2 of Article 10 recognises that freedom of expression
may be subject to certain restrictions necessary to protect the rights and
reputation of others.
36. The Court also points out that the choice of the means to secure
compliance with Article 8 in the sphere of the relations of individuals
between themselves is in principle a matter that falls within the Contracting
States’ margin of appreciation. In this connection, there are different ways
of ensuring “respect for private life”, and the nature of the State’s obligation
will depend on the particular aspect of private life that is at issue. Similarly,
under Article 10 of the Convention, Contracting States have a certain
margin of appreciation in assessing the necessity and extent of an
interference with the freedom of expression protected by the Convention.
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières