29/09/2023, 12:35 SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1… detrimental for a non-commercial website (see Magyar Tartalomszolgáltatók Egyesk ülete and Index.hu Zrt, cited above, § 86). In cases involving criminal liability, which must be adapted and proportionate to the seriousness of the remarks, such repercussions for freedom of expression may thus be regarded as potentially accentuated (see, in particular, the observations of the Czech Government, paragraph 117 above, and Recommendation CM/Rec (2022) 16, paragraph 61 above, with its Annex, points 3 and 4, paragraph 62 above). 206. The Court is aware that a criminal conviction is capable, as the applicant and certain third-party interveners have argued, of having chilling effects for the users of Facebook, other social networks or discussion fora (see paragraphs 89, 117, 118 and 120 above). However, while there is a movement in favour of decriminalising defamation (see, inter alia, Recommendation 1814 (2007) of the Parliamentary Assembly of the Council of Europe on this subject), this does not extend to hate speech or calls to violence. In the Annex to Recommendation CM/Rec(2022)16, the Committee of Ministers proposes, on the contrary, to make a distinction according to the seriousness of the hate speech, without excluding recourse to the criminal law (point 3, paragraph 62 above). 207. The Court would further reiterate that the imposition of a prison sentence for an offence in the area of political speech may be compatible with freedom of expression as guaranteed by Article 10 of the Convention, but only in exceptional circumstances, notably in the case of hate speech or incitement to violence (see Otegi Mondragon, cited above, § 59, and Féret, cited above, §§ 34 and 80; see also, concerning the freedom of expression of journalists, Cumpǎnǎ and Mazǎre v. Romania [GC], no. 33348/96, § 115, ECHR 2004-XI). In addition, even if a fine of a certain amount may appear harsh in relation to the circumstances, this must be assessed in the light of the fact that a prison sentence could, in principle, have been handed down (see Le Pen, decisions cited above, and Soulas and Others, cited above, § 46). 208. In the present case the Court notes that, at the material time, the maximum penalty faced by the applicant was a one-year prison term and a fine of EUR 45,000 (see paragraph 35 above). He was, however, only sentenced to a fine of EUR 4,000 at first instance, reduced to EUR 3,000 by the Court of Appeal, together with the payment of EUR 1,000 to Leila T. in respect of her costs (see paragraph 30 above). Moreover, as the Chamber rightly noted, there were no other consequences for the applicant (see paragraph 103 of the Chamber judgment). The Court notes in particular that it was not argued by the applicant that he had subsequently been forced to change his conduct, or that his conviction https://www.bailii.org/eu/cases/ECHR/2023/418.html 78/100