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
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