Sanchez v. France, No. 45581/15, ECtHR (Fifth Section), 2 September 2021

Facebook users’ liability for hateful comments published by third parties. Lawful interference with freedom of expression.

Art. 10 CEDU

1. The conviction of a politician for failing to promptly delete comments inciting to religious hatred published by third parties on the public wall of his Facebook account does not breach freedom of expression.

2. Although freedom of expression enjoys special protection in the context of political debate, it is not without conditions: tolerance and respect for the equal dignity of all human beings are the foundations of any democratic and pluralist society, which politicians must guarantee, especially in electoral contexts characterised by high tensions. As a consequence, it could in principle be considered legitimate to punish or prevent expressions aimed at spreading, inciting, promoting or justifying hatred and intolerance. This is provided that the penalties or restrictions imposed are proportionate to the aim pursued. 

(In the instant case, the applicant, a French politician, had been convicted for not having promptly deleted from the wall of his Facebook account some comments posted by third parties inciting hatred against people of Muslim faith. He therefore claimed a violation of Art. 10 ECHR. The Court found that the domestic courts’ decision to convict the applicant had been based on relevant and sufficient reasons linked to his lack of vigilance and responsiveness and the unlawfulness of the comments. As a consequence, it considered the interference with his right to freedom of expression to be "necessary in a democratic society").

The Court underlines that the particular responsibility of politicians in combating hate speech had been emphasised by the Committee on the Elimination of Racial Discrimination in General Recommendation No. 36 (26 September 2013) and by the European Commission against Racism and Intolerance in General Policy Recommendation No. 15.