20
RUBINS v. LATVIA JUDGMENT
consequences, and the severity of the measure. As the Government also
challenged the true motives of the applicant’s statements, the Court shall
include it in its assessment.
(i) Public interest
83. The Government argued that no public interest was involved in the
email and that it had been a personal threat against the Rector.
84. The Court considers that the content of the email cannot be assessed
in isolation and that particular attention should be paid to what information
the applicant was going to disclose and did actually disclose. Firstly, the
Court notes that in his email the applicant referred to shortcomings
identified by the State Audit Office. He also raised an issue about cases of
plagiarism at the University which had been confirmed by the report of a
professional association. The truthfulness and authenticity of both pieces of
information were not contested by the parties either before the domestic
court or before the Court. Secondly, even though in reaching its conclusion
that the applicant’s actions had been unethical the domestic court referred to
the publication of his views by LETA (see paragraph 24 above), it did not
provide any reasoning as to whether the information was true (see, mutatis
mutandis, Frankowicz v. Poland, no. 53025/99, § 50, 16 December 2008).
The Court notes in this regard that the validity of the information which was
later published by LETA was not contested by the University in any
defamation proceedings.
85. The Court reiterates that the University was a State-financed
education establishment. It appears that the issues invoked by the applicant
were of some public interest and that the truthfulness of the information was
not challenged by the parties. Nevertheless it is apparent from the appellate
court’s judgment that these aspects – the public interest and truthfulness of
the information – were not assessed at all.
(ii) The applicant’s motives
86. The Government further argued that the applicant’s motives had
been purely selfish, namely to keep his post at the University. Moreover, as
recognised by the domestic courts, the applicant had known that the requests
made in the email were unlawful (see paragraph 22 above).
87. The Court observes that the domestic court explicitly invoked the
whistle-blowing protection clause enshrined in the Labour Law and touched
upon this question, albeit briefly (see paragraph 26 above). The Court could
understand the Government’s argument regarding the applicant’s motives as
relevant if the case was one of the protection of whistle-blowers. However,
the Court does not consider that to be the case. The Court examines whether
in view of the applicant’s freedom of expression exercised in the context of
a labour dispute, the national courts have carried out the appropriate
balancing exercise. In this regard, the Government’s arguments about the
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