Conviction for “public defence of war crimes or the crimes of collaboration” following appearance in a national daily newspaper of an advertisement presenting in a positive light certain acts of Philippe Pétain.
Normative references
Art. 10 ECHR
Ruling
1. Article 10 ECHR protects not only the substance of ideas and information expressed, but also the form in which they are transmitted.
2. Without prejudice to paragraph 2 of Article 10 ECHR, freedom of expression applies not only to 'information' or 'ideas' that are favourably received or considered inoffensive or indifferent, but also to those that offend, shock or disturb; such are the requirements of that pluralism, tolerance and broadmindedness without which there is no 'democratic society'.
(The two applicants, convicted for having published in a French newspaper a text aimed at rehabilitating the figure of Marshal Pétain, complained of a violation of Article 10 of the ECHR, as they were convicted for their opinions).
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