NISKASAARI AND OTAVAMEDIA OY v. FINLAND JUDGMENT
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broadcast by the Finnish national public-service broadcasting company
some years earlier and, in particular, on the manner in which these
documentaries had been made.
56. As to the veracity of the information, the domestic courts drew
different conclusions: at first instance the District Court found that both the
first applicant and the complainant had had grounds for their views and that
they had not said anything that was clearly untrue. On the other hand, the
Appeal Court held that it was not proved that the complainant had
disseminated wrong or misleading information in the television
documentaries in question and that the first applicant did not therefore have
strong reasons or probable cause to hold his own accusations to be true. It
also appears from the Appeal Court judgment that, inter alia, different
statistical information existed as far as the conserved forest area in Finland
was concerned and that it could not therefore be said that the figures given
by the complainant were fabricated.
57. The Court notes also the severity of the sanctions imposed on the
applicants. The first applicant was convicted under criminal law and was
ordered to pay 40 day-fines totalling EUR 240. He was also ordered to pay
EUR 2,000 plus interest in damages to the complainant. The applicant
company was ordered, together with the first applicant, to pay EUR 4,000
plus interest in damages to the complainant as well as the latter’s costs and
expenses of EUR 25,500, plus interest, in total. The amounts of
compensation must be regarded as substantial, given that the maximum
compensation afforded to victims of serious violence varies between
EUR 3,000 and 5,000 (see paragraph 24 above).
58. While the Appeal Court made some limited reference to Article 10
of the Convention and to case-law and legal literature on Article 10 in its
judgment (see paragraph 18 above), thereby recognising as a matter of
principle the relevance of Article 10 for the domestic decision whether to
convict the first applicant of defamation, it did not, as required by
Article 10, proceed to a sufficient evaluation of the actual impact of the first
applicant’s right to freedom of expression on the outcome of the case. In
particular, the Appeal Court did not balance the first applicant’s right to
freedom of expression (under Article 10 of the Convention), on the basis of
the relevant criteria (as summarised at paragraph 49 above), in any
considered way against the complainant’s conflicting right to reputation
(under Article 8 of the Convention). It does not emerge from the reasoning
of the Appeal Court what “pressing social need” in the present case was
taken to justify protecting the complainant’s right to reputation over the
freedom of expression of the applicants, in particular as both the first
applicant and the complainant were professional journalists discussing the
limits of critical journalism. Nor is it clear whether, according to the Appeal
Court, the resultant interference with the applicants’ freedom of expression
was proportionate to the legitimate aim pursued (see paragraph 18 above).
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