4 NISKASAARI AND OTAVAMEDIA OY v. FINLAND JUDGMENT court in the matter. As to the merits, the Appeal Court mentioned Article 10 of the Convention and the principles expressed therein as well as adverting to the Court’s case-law and legal literature on Article 10. With reference to the Court’s case-law, it recalled that even if everyone was guaranteed freedom of expression, it was not permitted to defame others or to disseminate false information on anybody. In this respect a journalist had the same responsibility as others. The Appeal Court then found that it had not been proved that the complainant had disseminated wrong information in the documentaries in the manner recounted by the first applicant, except for the misleading information given in the context of the reportage on mould-infested houses which the complainant had failed to rectify. It appeared also from the witness statements that different statistical information existed as far as the conserved forest area in Finland was concerned, such that it could not be said that the figures given by the complainant had been fabricated. The first applicant had thus imparted false information on the complainant and these accusations had been serious. The first applicant had not therefore had strong reasons or probable cause to hold his own accusations to be true. The fact that freedom of expression was guaranteed under Article 12 of the Constitution as well as under Article 10 of the Convention together with the fact that the complainant was also a journalist and that the first applicant had been able to give grounds for his own opinion in the media, did not entitle the first applicant to impart the above-mentioned false information. Nor did the first applicant have the right to call the complainant a liar. On these grounds the first applicant was found guilty of defamation. 19. By letter dated 31 March 2009 the applicants appealed to the Supreme Court (korkein oikeus, högsta domstolen), claiming that all facts had been correct in the article published in Seura magazine. Moreover, during the oral hearing in the Appeal Court, the applicants had not been allowed to put questions to the opposing party’s witnesses, whereas the opposing party had been able to question their witnesses. Also the evidence provided by the applicants had not been adequately taken into account by the Appeal Court and the proceedings had taken place in the wrong forum. 20. On 11 December 2009 the Supreme Court refused the applicants leave to appeal. II. RELEVANT DOMESTIC LAW 21. The Finnish Constitution (Suomen perustuslaki, Finlands grundlag, Act no. 731/1999) provides in relevant parts: “Section 10 – The right to privacy Everyone’s private life, honour and the sanctity of the home are guaranteed. ... ...

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