. and V. v. Austria, Nos. 39392/98 and 39829/98, § 36, ECHR 2003-I, with further references), the Court accepts that the exclusion of the press and public was necessary for the protection of the injured parties' private life and that the District Court's decision to hold the trial in private was not arbitrary or unreasonable.
35. It follows that the conduct of the applicant's trial in private was compatible with Article 6 § 1 of the Convention. Accordingly, there has been no violation of that provision.
II. Alleged violation of Article 10 of the Convention
36. The applicant complained that her conviction on account of the articles published by her had been incompatible with Article 10 of the Convention, which reads as follows:
"1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority...
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
A. Submissions by the parties
37. The applicant emphasised that it had not been conclusively shown that she had drafted the impugned articles or that she had arranged for the printing of the newspaper. She pointed out that the courts had not established whether or not the information on the existence of a homosexual relationship between V. and K. had been false. The courts had refused to take cognisance of the material demonstrating the existence of such a relationship, to interview K.'s former spouse or to examine the audit commission's report concerning the alleged embezzlement scheme.
38. The Government submitted that the applicant had failed in her duty as a journalist to verify the facts and to obtain the consent of the individuals concerned to the disclosure of information about their private life, as required by the Russian Media Act. The domestic courts had rejected her procedural motions by means of reasoned decisions and correctly determined that she had published unverified facts which were damaging to the victims' honour and dignity.
B. The Court's assessment
39. The Court notes that it is common ground between the parties that the applicant's criminal conviction constituted "interference" with her right to freedom of expression as protected by Article 10 § 1. It is not contested that the interference was "prescribed by law", namely by Articles 129 and 130 of the Criminal Code, and "pursued a legitimate aim", that of protecting the reputation or rights of others, for the purposes of Article 10 § 2. It remains to be determined whether the interference was "necessary in a democratic society".
40. The test of necessity in a democratic society requires the Court to determine whether the "interference" complained of corresponded to a "pressing social need", whether it was proportionate to the legitimate aim pursued and whether the reasons given by the national authorities to justify it were relevant and sufficient. In assessing whether such a "need" exists and what measures should be adopted to deal with it, the national authorities are left a certain margin of appreciation. This power of appreciation is not however unlimited, but goes hand in hand with a European supervision by the Court, whose task it is to give a fi
> 1 2 3 ... 14 15 16 17 ... 18 19
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
