La CEDH condamne la France pour violation du principe de liberté d'expression
Auteur | Legal News |
Dans son arrêt en date du 14 février 2008, la Cour européenne des droits de l'homme a conclu, à l'unanimité, à la violation par la France du principe de liberté d'expression. En janvier 2003, la Cour de cassation rejeta le pourvoi de la SARL Libération et de son gérant, Serge July, condamnés en appel pour propos diffamatoires et atteinte à l'honneur et à la considération des juges d'instruction de l'affaire Borrel. La CEDH, le 14 février 2008, a estimé que la condamnation des requérants s'analyse en une ingérence dans leur droit à la liberté d'expression. Recherchant, si une telle ingérence était "nécessaire dans une société démocratique", la Cour a retenu, dans un premier temps, que les juridictions nationales n'ont pas à se substituer à la presse pour dire quelle technique de compte...
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