European Court of Human Rights Rules on Freedom of Expression in French Local Election

Strategic Insights -

The European Court of Human Rights (ECtHR) has delivered a judgment in the case of Sanchez v. France, where a local councillor, Julien Sanchez, was convicted for not promptly deleting illegal comments by third parties on his public Facebook page during a parliamentary election campaign. The ECtHR found that the conviction was a proportionate response to the applicant's failure to take prompt action to delete the incitement to hatred or violence against Muslims, but that his liability as the Facebook account holder was also relevant. The Court emphasized the importance of local councillors being aware of the public nature of their Facebook pages and taking steps to prevent such comments.

Key Takeaways:

  • The European Court of Human Rights found that the freedom of expression of a local councillor, Julien Sanchez, was restricted when he was convicted for not deleting incitement to hatred or violence against Muslims on his public Facebook page.
  • The Court ruled that the applicant's failure to take prompt action to delete the incitement to hatred or violence was relevant to the restriction of his freedom of expression.
  • The Court found that the applicant's liability as the Facebook account holder was also relevant in the restriction of his freedom of expression.
  • The Court applied Article 10 of the European Convention on Human Rights, which guarantees freedom of expression.
  • The ECtHR emphasized the importance of local councillors being aware of the public nature of their Facebook pages and taking steps to prevent such comments.
  • The Court concluded that the restriction of the applicant's freedom of expression was proportionate to the aim of preventing incitement to hatred or violence.

Statistics:

  • The applicant's Facebook page was publicly accessible, with over 1,800 "friends" who could post comments 24 hours a day.
  • The applicant had more than 1,800 "friends" on Facebook.
  • The applicant was unable to read all the comments on his Facebook page due to its large size.
  • The applicant was aware of the public nature of his Facebook page, but chose not to delete the comments in question.
  • The applicant's foreign origins were mentioned in the judgment as a possible factor in the ECtHR's reasoning.

Sources:

  • European Court of Human Rights, FIFTH SECTION CASE OF SANCHEZ v. FRANCE (Application no. 45581/15) JUDGMENT (02 September 2021)
  • European Court of Human Rights, Referral to the Grand Chamber, Sanchez v. France, 17/01/2022