MORICE v. FRANCE JUDGMENT
31
104. Lastly, the applicant submitted that the sanction imposed had been
particularly disproportionate. The criminal sanction had consisted of a fine
of EUR 4,000, which was higher than the fine imposed on the journalist and
director of Le Monde (respectively EUR 3,000 and EUR 1,500). In the civil
part of the judgment, in addition to the sums awarded to cover the costs of
Judges M. and L.L., he had been ordered to pay, jointly with his codefendants, EUR 7,500 in damages to each of the two judges. Lastly, the
publication of a notice in Le Monde, with a fine of EUR 500 per day in the
event of delay, had been ordered. He submitted that such sanctions were
unjustified and disproportionate and that they would inevitably have a
significant and regrettable chilling effect on all lawyers.
2. The Government
105. The Government did not deny that the applicant’s conviction
constituted an interference with the exercise of his right to freedom of
expression. They took the view, however, that this interference was
prescribed by law, since its legal basis lay in section 23 and sections 29 et
seq. of the Act of 29 July 1881, and that it pursued a legitimate aim. On that
latter point they argued that it sought to maintain the authority and
impartiality of the judiciary, and to ensure the protection of the reputation or
rights of others, since the statements had been directed at judges in the
exercise of their duties and also undermined the confidence of citizens in the
judiciary.
106. As to whether the interference was necessary in a democratic
society, the Government were of the view that there was a fundamental
difference between lawyers and journalists because of the former’s position
as officers of the court (auxiliaires de justice). They occupied a central
position as intermediaries between the public and the courts and their
activities helped to ensure that justice was administered effectively and
dispassionately. A balance had to be struck between the legitimate aim of
informing the public about matters of general interest, including issues
relating to the functioning of the justice system, and the requirements
stemming from the proper administration of justice, on the one hand, and
the dignity of the legal profession and the reputation of the judiciary, on the
other.
107. The Government noted two different situations in the Court’s caselaw on freedom of expression: the participation of lawyers in debates on
matters of general interest unrelated to any pending proceedings, where
freedom of expression was particularly broad; and statements made by
lawyers in their role of defending clients, where they had a wide freedom of
expression in the courtroom. That freedom of expression in defending a
client in pending proceedings did have certain limits, however, in order to
preserve judicial authority, such as, for example, where the lawyer made
statements critical of the justice system before even using the legal remedies