29/09/2023, 12:35 SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1… had had a chilling effect on the exercise of his freedom of expression or any negative impact on his subsequent political career and his relations with voters. His conviction by the Criminal Court, upheld by the Nîmes Court of Appeal on 18 October 2013, did not, moreover, prevent him from being elected mayor of the town of Beaucaire in 2014 or from continuing to exercise responsibilities for his political party (see paragraph 13 above). (c) Conclusion 209. In view of the foregoing, on the basis of an assessment in concreto of the specific circumstances of the present case and having regard to the margin of appreciation afforded to the respondent State, the Court finds that the decisions of the domestic courts were based on relevant and sufficient reasons, both as to the liability attributed to the applicant, in his capacity as a politician, for the unlawful comments posted in the run-up to an election on his Facebook “wall” by third parties, who themselves were identified and prosecuted as accomplices, and as to his criminal conviction. The impugned interference can therefore be considered to have been “necessary in a democratic society”. 210. Accordingly, there has been no violation of Article 10 of the Convention. FOR THESE REASONS, THE COURT Holds, by thirteen votes to four, that there has been no violation of Article 10 of the Convention. Done in English and in French, and delivered at a public hearing in the Human Rights Building, Strasbourg, on 15 May 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. {signature_p_2} Marialena Tsirli Registrar https://www.bailii.org/eu/cases/ECHR/2023/418.html Georges Ravarani President 79/100

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