Cauza Sanchez contra Franței
The case Sanchez v. France

Summary/Abstract: Article 10 covers the freedom of expression, addressing a penal fine imposed on an elected official for not removing Islamophobic remarks made by third parties from their publicly accessible Facebook timeline during an election campaign. The text explores the predictability of the law, the responsibilities of politicians using social communication platforms for political and electoral purposes, and the heightened impact of hate speech in an election context marked by tension. It emphasizes the need for shared responsibility among all involved actors and advocates for implementing minimal post-control or pre-filtering by the host or account holder to identify and remove illegal speech within a reasonable timeframe, even without victim notification. The deliberate choice of the complainant, experienced in public communication and digital domains, to make the forum public is also discussed, as well as their failure to take action despite being informed about the contested comments. The text underscores the proportional control exercised by the Court based on the individual's level of responsibility and reputation, resulting in a proportionate criminal conviction.

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