Communicated on 2 October 2019

THIRD SECTION

Application no. 26826/16 RINGIER AXEL SPRINGER SLOVAKIA, A.S . against Slovakia lodged on 11 May 2016

SUBJECT MATTER OF THE CASE

The application concerns the interference with the freedom of expression of the applicant company, a multimedia publishing house, on account of a sanction (500 euros) imposed for having broadcast a short online spot about a well-known Slovak singer, containing the latter ’ s comments about his use of marijuana. In the proceedings initiated ex officio , the Broadcasting Council regarded the interview together with the journalist ’ s comments as a ‘ promotion of drugs ’ , underlining that the journalist had failed to distance herself from the singer ’ s comments and that she had rather tried to lighten the issue. Such reasoning was approved by the Supreme Court and by the Constitutional Court; the latter added that given the entertaining character and the structure of the broadcasting at issue, it could not be considered as a contribution to a public debate.

Relying on Article 10 of the Convention, the applicant company complains that it had been sanctioned for having performed its task to impart other persons ’ statements and for having chosen a certain technique of reporting. In its opinion, the national authorities interpreted the term ‘ promotion of drugs ’ too extensively and did not take into account the context of the programme nor the position expressed by the journalist.

QUESTIONS TO THE PARTIES

1. Has the applicant company suffered a significant disadvantage within the meaning of Article 35 § 3 (b) of the Convention (see Sylka v. Poland ( dec. ), no. 19219/07, 3 June 2014)

2. If so, has there been a violation of the applicant company ’ s right to freedom of expression, in particular its right to impart information and ideas, contrary to Article 10 of the Convention?