8
NISKASAARI AND OTAVAMEDIA OY v. FINLAND JUDGMENT
see why the editor-in-chief should be judged differently to the first
applicant, to whom the same criteria should have been applied.
35. The applicants also pointed out that the District Court, when
dismissing the charges against the first applicant, had found that his
criticism had not overstepped the limits of propriety. When doing so, the
District Court had not referred at all to Article 10 of the Convention,
including, in particular, the “necessity” requirement in Article 10 § 2. It had
found that neither the first applicant nor the complainant had made a false
statement. The complainant could himself be criticised for having used
similar expressions in his programme. Moreover, both parties had had the
opportunity to state their opposing views in Seura magazine.
(b) The Government
36. The Government acknowledged that the conviction of the first
applicant and the ordering of both applicants to pay damages and costs had
amounted to an interference with the exercise of their freedom of expression
under Article 10 of the Convention. However, in their submission the
impugned measures had had a basis in Chapter 24, section 9, of the Penal
Code and in Chapter 5, section 6, of the Tort Liability Act which fulfilled
both the requirements of precision and clarity. The interference had thus
been “prescribed by law”. In addition, it had pursued the legitimate aim of
the protection of the reputation or the rights of others, as required by Article
10 § 2 of the Convention.
37. As to the necessity in a democratic society, the Government noted
that the prosecutor had taken into account the socially significant role of the
press and had paid attention to the question of whether the case involved
disclosure of information of significance for the general interest in society.
Subsequently, when the District Court had decided to dismiss the charges,
the prosecutor had used his discretion and had not found it appropriate to
appeal against that judgment.
38. The Government stressed that the issue at hand was a dispute
between two journalists, namely two persons whose profession was to
pursue critical journalism. Journalists who used strong expressions and
pursued so-called investigative journalism could be expected to tolerate
even severe criticism of their activities. In the present case, the national
courts had weighed in the balance in their judgments different
considerations going to freedom of expression and the protection of private
life and had exercised the discretion available to them. It was the Appeal
Court which had considered that the limits of acceptable criticism had been
exceeded, holding that the first applicant had intentionally made serious
accusations against the complainant and had defamed him by calling him a
liar.
39. The Government observed that cases like the present one, where an
individual’s right directly opposes another right of another individual, have
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