BIANCARDI v. ITALY JUDGMENT
In the case of Biancardi v. Italy,
The European Court of Human Rights (First Section), sitting as a
Chamber composed of:
Ksenija Turković, President,
Péter Paczolay,
Krzysztof Wojtyczek,
Alena Poláčková,
Gilberto Felici,
Erik Wennerström,
Raffaele Sabato, judges,
and Renata Degener, Section Registrar,
Having regard to:
the application (no. 77419/16) against the Italian Republic lodged with
the Court under Article 34 of the Convention for the Protection of Human
Rights and Fundamental Freedoms (“the Convention”) by an Italian
national, Mr Alessandro Biancardi (“the applicant”), on 7 December 2016;
the decision to give notice to the Italian Government (“the Government”)
of the complaint concerning Article 10 of the Convention;
the observations submitted by the respondent Government and the
observations in reply submitted by the applicant;
the comments submitted by the Reporters Committee for Freedom of the
Press, the UN Special Rapporteur on the Promotion and Protection of the
Right to Freedom of Opinion and Expression and the Special Rapporteur for
Freedom of Expression of the Inter-American Commission on Human
Rights, the Media Lawyers Association and the Media Legal Defence
Initiative, who were granted leave to intervene by the President of the
Section;
Having deliberated in private on 2 November 2021,
Delivers the following judgment, which was adopted on that date:
INTRODUCTION
1. The applicant, the editor-in-chief of an online newspaper, was held
liable under civil law for having kept on his newspaper’s website and not
having de-indexed an article reporting the facts of a criminal case instituted
against private individuals. The applicant alleged the violation of his
freedom of expression under Article 10 of the Convention.
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