Wednesday, December 21, 2022

European Court Upholds France's Conviction of Journalist for Inciting Anti-Muslim Hatred

In Zemmour v. France, (EDHR, Dec. 20, 2022) (full text of decision in French), the European Court of Human Rights upheld France's conviction of a journalist for inciting discrimination and religious hatred against the French Muslim community through anti-Muslim remarks he made on a 2016 television talk show.  According to the Court's English language press release summarizing the decision, the Court found no violation of Article 10 of the European Convention on Human Rights protecting freedom of expression.  The press release says in part:

The Court was of the opinion that his remarks had not been confined to criticism of Islam but had, in view of the context of terrorist violence in which they had occurred, been made with discriminatory intent such as to call on viewers to reject and exclude the Muslim community. The Court concluded that the grounds on which the domestic courts had convicted the applicant and sentenced him to a fine, the amount of which was not excessive, had been sufficient and relevant. In conclusion the Court held that the interference with the applicant’s right to freedom of expression had been necessary in a democratic society to protect the rights of others which had been at stake in the case, and therefore there had been no violation of Article 10 of the Convention.