Décision judiciaire de Cour Européenne des Droits de l'Homme, 12 janvier 2021 (cas Gheorghe-Florin Popescu c. Roumanie)
Date de Résolution: | 12 janvier 2021 |
Note d’information sur la jurisprudence de la Cour 247
Janvier 2021
Gheorghe-Florin Popescu c. Roumanie - 79671/13
Arrêt 12.1.2021 [Section IV]
Article 10
Article 10-1
Liberté d'expression
Condamnation civile d’un journaliste blogueur pour diffamation d’un confrère, sans motifs pertinents et suffisants : violation
En fait – Journaliste de profession, le requérant fut condamné à verser environ 1 100 EUR à titre de réparation du préjudice moral causé à L.B., rédacteur en chef d’un journal et réalisateur d’émissions pour une chaîne de télévision locale, par plusieurs articles qu’il avait publiés sur son blog.
Dans leurs motifs, les tribunaux retinrent que le requérant avait accusé L.B. d’être moralement responsable d’un meurtre-suicide sans avancer aucune preuve, se bornant à affirmer à l’appui de ses accusations que L.B. avait refusé de couvrir, dans son journal, l’événement en question. Et qu’il avait utilisé des expressions vulgaires et diffamatoires.
En droit – Article 10 : Les tribunaux nationaux ont centré leur analyse principalement sur les conséquences négatives que les propos litigieux avaient eues sur l’honneur, la réputation et la dignité de L.B., ainsi que sur le fait que le requérant ne soit pas parvenu à prouver ses allégations. La Cour note cependant que les tribunaux ont omis :
i. de distinguer entre les affirmations de fait et les jugements de valeur ;
ii. d’analyser certains éléments essentiels, à savoir que le requérant était journaliste et que la liberté de la presse joue un rôle fondamental dans le bon fonctionnement d’une société démocratique ;
iii. de constater que le litige portait sur un conflit entre le droit à la liberté d’expression et le droit à la protection de la réputation, appelant mise en balance ;
iv. de rechercher si les propos du requérant relevaient d’un domaine d’intérêt public et contribuaient à un débat d’intérêt général ;
v. de tenir compte de la notoriété et du comportement antérieur du plaignant : il n’a pas été établi avec exactitude si L.B. était une « figure publique » agissant dans un contexte public, au sens de la jurisprudence de la Cour, du fait d’un éventuel engagement politique ou de son travail en tant que rédacteur en chef et réalisateur d’émissions de télévision dans un groupe de médias ;
vi. en ce qui concerne le contenu des articles litigieux, de chercher à savoir quel était leur objet : le raisonnement des tribunaux témoigne d’une acceptation tacite du fait que le respect du droit à la...
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