WĘGRZYNOWSKI AND SMOLCZEWSKI v. POLAND JUDGMENT 13 on the press are capable of discouraging the participation of the press in debates on matters of legitimate public concern (Bladet Tromsø and Stensaas v. Norway [GC], no. 21980/93, § 64, ECHR 1999-III). Furthermore, particularly strong reasons must be provided for any measure limiting access to information which the public has the right to receive (see Timpul Info-Magazin and Anghel v. Moldova, no. 42864/05, § 31, 27 November 2007). At the same time the Court has observed that the press must not overstep certain bounds, particularly as regards the reputation and rights of others (see Tammer v. Estonia, no. 41205/98, § 62, ECHR 2001-I, and Dalban v. Romania [GC], no. 28114/95, § 49, ECHR 1999-VI). 58. The Court has held that the Internet is an information and communication tool particularly distinct from the printed media, especially as regards the capacity to store and transmit information. The electronic network, serving billions of users worldwide, is not and potentially will never be subject to the same regulations and control. The risk of harm posed by content and communications on the Internet to the exercise and enjoyment of human rights and freedoms, particularly the right to respect for private life, is certainly higher than that posed by the press. Therefore, the policies governing reproduction of material from the printed media and the Internet may differ. The latter undeniably have to be adjusted according to technology’s specific features in order to secure the protection and promotion of the rights and freedoms concerned (see Editorial Board of Pravoye Delo and Shtekel v. Ukraine, no. 33014/05, § 63, ECHR 2011 (extracts)). 59. According to the case-law of the Court, Internet archives fall within the ambit of the protection afforded by Article 10 (see Times Newspapers Ltd, cited above, § 27). The Court stressed the substantial contribution made by Internet archives to preserving and making available news and information. Such archives constitute an important source for education and historical research, particularly as they are readily accessible to the public and are generally free. While the primary function of the press in a democracy is to act as a “public watchdog”, it has a valuable secondary role in maintaining and making available to the public archives containing news which has previously been reported (see Times Newspapers Ltd, cited above, § 27). The maintenance of Internet archives is a critical aspect of this role. The Court has held, in the context of an Article 10 complaint brought by a newspaper, that a requirement to publish an appropriate qualification to an article contained in an Internet archive, where it has been brought to the notice of a newspaper that a libel action has been initiated in respect of that same article published in the written press, did not constitute a disproportionate interference with the right to freedom of expression. The Court was of the view that such an obligation in respect of an Internet archive managed by a publisher of a newspaper itself was not excessive.

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