Information Note on the Court’s case-law No.
August 1998
Hertel v. Switzerland - 25181/94
Judgment 25.8.1998
Article 10
Article 10-1
Freedom of expression
Following publication of article, private individual prohibited under Federal Law from stating that consumption of food prepared in microwave ovens was danger to human health: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 10 OF THE CONVENTION
Not disputed that there had been an interference.
A.“Prescribed by law”
Recapitulation of Court’s case-law.
“Foreseeability” of prohibition.
B.Legitimate aim
Protection of rights of others.
C.“Necessary in a democratic society”
Recapitulation of Court’s case-law.
Authorities had margin of appreciation to decide whether there had been a “pressing social need” – margin was particularly essential in commercial matters – nevertheless, margin was reduced in case before Court as applicant had not made purely commercial statements, but had participated in a debate affecting the general interest.
Applicant had not had anything to do with editing or writing of publication in question – statements definitely attributable to him were on whole qualified – nothing to suggest that they had had any substantial impact on plaintiff’s interests – scope of injunction – measure not necessary in a democratic society.
Conclusion: violation (six votes to three).
II.ARTICLE 6 § 1 AND ARTICLE 8 OF THE CONVENTION
No separate issue arose
Conclusion: not necessary to decide issue (unanimously).
III.ARTICLE 50 OF THE CONVENTION
A.Pecuniary damage: No causal link established.
B.Costs and expenses: Recapitulation of case-law. Payment of sums in respect of proceedings in domestic courts and before Strasbourg institutions.
Conclusion: respondent State to pay specified sum to applicant (eight votes to one).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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