PAVEL IVANOV v. RUSSIA

Application Number 35222/04 European Court of Human Rights The applicant published articles in his newspapers calling for, inter alia, the exclusion of Jews from social life. He was charged with publicly inciting ethnic, racial and religious hatred. The ECtHR found that the speech fell outside the scope of Convention protection. Link: https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-79619%22]} Theme(s): Anti-Semitism Date: […]

ATAMANCHUK v. RUSSIA

Application Number 4439/11 European Court of Human Rights [Request for referral to the Grand Chamber pending] Application by journalist/politician regarding criminal conviction and ban on journalistic activities for statements made against non-Russians referring to them as, inter alia, criminals (with no calls for violence). Court found no violation of Article 10 due to the damaging […]

BALSYTE-LIDEIKIENE v. LITHUANIA

Application Number 72596/01 European Court of Human Rights The applicant was owner of a publishing company which published the Lithuanian Calendar. A complaint had been made regarding the content of the calendar which allegedly incited hatred against persons of Polish, Russian and Jewish origin. The calendar included statements which allegedly incited ethnic and national hatred. […]

WILLEM v FRANCE

Application Number 10883/05 European Court of Human Rights [Judgment delivered in French] The applicant, a Mayor at the material time, called for the boycotting of Israeli Products. He was fined 1,000 Euro on the grounds that he incited discrimination. The ECtHR found that there was no violation of Article 10 since preventing such incitement is […]

OTTAN v FRANCE

Application Number 41841/12 European Court of Human Rights [Judgment delivered in French] The applicant, a lawyer, had made remarks after a trial which acquitted a gendarme who had killed a young man of foreign origin by referring to the all-White composition of the jury. He received a disciplinary penalty. The ECtHR found a violation of […]

BALDASSI AND OTHERS V FRANCE

Application Number 15271/16 and 6 others European Court of Human Rights [Judgment delivered in French] The applicants are eleven members of the “Palestine 68 Collective,” a French organization supporting the Boycott, Divestment, Sanctions (BDS) movement which calls for, amongst others, the boycott of Israeli products. The applicants were punished for incitement to discrimination and received […]

DELFI v. ESTONIA

Application Number 64569/09 European Court of Human Rights The case concerned the liability of an Internet news portal for offensive comments that were posted by readers below one of its online news articles. The portal complained that being held liable for the comments of its readers breached its right to freedom of expression. The Court […]

JERSILD v. DENMARK

Application Number 15890/89 European Court of Human Rights Jersild interviewed members of the racist group ‘Greenjackets.’ During the interview, the members made derogatory and racist comments about ethnic minorities and foreigners living in Denmark. Jersild was fined for publishing racist statements. The ECtHR found a violation of Article 10. Link:https://hudoc.echr.coe.int/eng#{%22fulltext%22:[%22jersild%22],%22documentcollectionid2%22:[%22GRANDCHAMBER%22,%22CHAMBER%22],%22itemid%22:[%22001-57891%22]} Theme(s): Ethnic Hatred Date: 23 September […]

SMAJIC v BOSNIA AND HERZEGOVINA

Application no. 48657/16 European Court of Human Rights The applicant had made statements on several online forums, describing military action to be taken against Serb villages and neighbourhoods. The European Court of Human Rights agreed with the national courts which imposed a one-year prison sentence, suspended for three years, finding that these statements were damaging to […]

KARATAS v. TURKEY

Application no: 23168/94 The applicant wrote an anthology of poems on the Kurdish rebellion. He was charged for disseminating propaganda against the individisibilty of the State and sentenced to prison and also received a fine. The ECtHR contextualized the poems in the sensitivity of the security situation in South-East Turkey but held that regardless of […]