The Writing On The Wall - Could You Be Liable For Someone Else's Hate Speech?

• Published date: 17 August 2023
• Law Firm: Simons Muirhead & Burton
• Author: Emma Linch

In a recent decision, the Grand Chamber of the European Court of Human Rights, delivered its judgment in Sanchez v France.

This remarkable decision held a French far-right politician, Julien Sanchez, liable as a "producer" for hate speech published by third parties on his public Facebook page. Although his wall was publicly accessible, only his 'friends' could post on the wall.

Sanchez posted about his political opponent during the election period. While his post was not problematic, two of his followers responded with racist comments, including personal reference to Sanchez's political opponent's wife. The comments were considered to be hate speech, targeting a specific group (Muslims), and specifically, the opponent's wife. There is no question that such conduct...