EINARSSON v. ICELAND JUDGMENT 11 (b) Application of those principles to the present case 41. The present complaint concerns an altered picture of the applicant which was published by X on an open Instagram account along with the caption “Fuck you rapist bastard”. X had used a front page picture which had been published along with an interview with the applicant in an Icelandic magazine, Monitor, the same day. 42. In the circumstances of the present case, the Court considers it appropriate to consider the following applicable criteria, in this specific order: how well-known is the person concerned, the subject matter of the statement and the prior conduct of the person concerned; the contribution to a debate of general interest and the content, form and consequences of the publication, including the method of obtaining the information and its veracity. (i) How well-known was the applicant, the subject matter and the applicant’s conduct prior to the publication of the impugned statement 43. As noted above, the subject matter at issue was an altered picture of the applicant published on X’s Instagram account along with the caption “Fuck you rapist bastard”, shortly after two rape charges against the applicant had been dropped. The domestic courts, in their judgments, gave a detailed account about the applicant being a well-known person, and his prior conduct. They described his professional activities, inter alia, his online writing, publication of books, appearances on television and his way of presenting himself in the media. The courts noted that his views had attracted attention and controversy, including his attitudes towards women and their sexual freedom, and that he had participated in and explained his views in public discussions. Furthermore, the complaints against the applicant about sexual violence had led to public discussions in which he had participated. 44. In the light of the domestic courts’ findings, the Court agrees that the limits to acceptable criticism must accordingly be wider in the present case than in the case of an individual who is not well-known (see, inter alia, Erla Hlynsdόttir v. Iceland, no. 43380/10, § 65, 10 July 2012, with further references). However, “while reporting on true facts about politicians or other public persons’ private life may be admissible in certain circumstances, even persons known to the public have legitimate expectations of protection of, and respect for, their private life” (see Standard Verlags GmbH v. Austria (no. 2), no. 21277/05, § 53, 4 June 2009). (ii) Contribution to a debate of general interest 45. The domestic courts concluded that the publication of the picture had been a part of general public debate in the light of the fact that the applicant was a well-known person in Iceland and had participated in public

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières