Published on 28 August 2023

FOURTH SECTION

Application no. 6928/19 Luis Filipe COSTA FIGUEIREDO against Portugal lodged on 4 February 2019 communicated on 10 July 2023

SUBJECT MATTER OF THE CASE

The application concerns criminal proceedings conducted against the applicant for aggravated defamation, following a criminal complaint lodged by A.B, a prosecutor, and L.A., a judge, concerning statements made against them by the applicant before the press, in an online publication and in a complaint to the High Council of the Judiciary.

By a judgment of the Court of Santa Comba Dão of 6 December 2017 the applicant was convicted and sentenced to two years’ and one month’s imprisonment for aggravated defamation, suspended in its execution on condition of a donation to two charitable organisations of a total sum of EUR 3,000. By a judgment of the Court of Appeal of Coimbra of 3 October 2018 the conviction was partially quashed and the applicant was sentenced to fifteen months’ imprisonment, suspended in its execution under the same terms as decided by the Court of Santa Comba Dão.

Relying on Articles 8, 9 and 10 of the Convention, the applicant complains that his conviction was in breach of his right to freedom of expression.

QUESTIONS TO THE PARTIES

Has there been a violation of the applicant’s right to freedom of expression contrary to Article 10 of the Convention? In particular, was the interference with the applicant’s right to freedom of expression “necessary in a democratic society”? More specifically:

a) Was the characterisation of the applicant’s utterances as statements of fact, rather than value judgments, justified? (see Morice v. France [GC], no. 29369/10, § 126, ECHR 2015)?

b) Have the national authorities undertaken a balancing exercise between the competing interests (see Bédat v. Switzerland [GC], no. 56925/08, §§ 52 ‑ 54, 29 March 2016; and Gouveia Gomes Fernandes and Freitas e Costa v. Portugal , no. 1529/08, § 46, 29 March 2011)?

c) Has there been sufficient consideration by the domestic courts of the potential chilling effect on the freedom of expression and on the press of the sanction imposed on the applicant (see Pais Pires de Lima v. Portugal , no. 70465/12, § 67, 12 February 2019; and SIC - Sociedade Independente de Comunicação v. Portugal , no. 29856/13, § 69, 27 July 2021)?