Publication details
Sanchez proti Francii: nezbytná ochrana, nebo eroze svobody projevu na sítích?
| Title in English | Sanchez v. France: Necessary Protection or Erosion of Freedom of Expression on the Networks? |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Pravnik |
| MU Faculty or unit | |
| Citation | |
| Web | https://www.ilaw.cas.cz/casopisy-a-knihy/casopisy/casopis-pravnik/archiv/2024/2024-10.html?a=3889 |
| Keywords | freedom of expression, hate speech, unlawful speech, political speech, European Court of Human Rights, Digital Services Act |
| Description | In Sanchez v. France, the European Court of Human Rights held that an individual can be held criminally liable for failing to timely remove hateful comments made by others under their own social media posts. In the article, the author provides an extensive analysis of the judgment and critiques it. In doing so, he compares the current case with the case law that has addressed intermediary liability to date, while at the same time presenting the content of the thematic foreign debate across the text. The first part of the present paper summarizes the reasoning of the Grand Chamber and the dissenting judges, while providing a comprehensive overview of the relevant case law to date. In the second part, the author then analyses the extent to which the application criteria previously defined in previous cases have now been met and highlights the differences in individual cases. At the same time, the author reflects on the reasoning and discusses in detail the undesirable consequences of the landmark judgment for future practice. Finally, the text also provides a reflection on the interplay between the new digital legislation of the European Union and the transformed practice of the Strasbourg Court |