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
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