Rabczewska v. Poland, No. 8257/13, ECtHR (First Section), 15 September 2022

Art. 10 • Freedom of expression • Lack of sufficient reasons for applicant’s conviction and fine for offending religious feelings of others through publicly insulting the Bible • Statements not amounting to hate speech or abusive attack and not threatening public order • Wide margin of appreciation overstepped

Article 10 ECHR

Article 25  §. 2 Polish Constitution

Article 53 Polish Constitution

1.  The Court reiterates that a religious group must tolerate the denial by others of their religious beliefs and even the propagation by others of doctrines hostile to their faith, as long as the statements at issue do not incite to hatred or religious intolerance.

2. The applicant did not claim to be an expert on the matter, a journalist, or a historian. She had been answering the journalist’s question about her private life, addressing her audience in a language consistent with her style of communication, deliberately frivolous and colourful, with the intention of sparking interest.

3.  In conclusion, the Court finds that in the instant case the domestic courts failed to comprehensively assess the wider context of the applicant’s statements and carefully balance her right to freedom of expression with the rights of others to have their religious feelings protected and religious peace preserved in the society. It has not been demonstrated that the interference in the instant case was required, in accordance with the State’s positive obligations under Article 9 of the Convention, to ensure the peaceful coexistence of religious and non-religious groups and individuals under their jurisdiction by ensuring an atmosphere of mutual tolerance. Moreover, the Court considers that the expressions under examination did not amount to an improper or abusive attack on an object of religious veneration, likely to incite religious intolerance or violating the spirit of tolerance, which is one of the bases of a democratic society.