Case 67_41
67_41 interference
41. The applicants were stopped from setting up a stand and distributing
leaflets in the Galleries by Postel, the private company which owned the
shopping centre. The Court does not find that the authorities bear any direct
responsibility for this restriction on the applicants’ freedom of expression. It
is not persuaded that any element of State responsibility can be derived from
the fact that a public development corporation transferred the property to
Postel or that this was done with ministerial permission. The issue to be
determined is whether the respondent State has failed in any positive
obligation to protect the exercise of the applicants’ Article 10 rights from
interference by others – in this case, the owner of the Galleries.