Zemmour v. France, No. 63539/2019 ECtHR (Fifth Section), 20 December 2022

Criminal conviction of journalist who, during a television broadcast, had uttered discriminatory expressions against the French Islamic community. There is no violation of the art. 10 ECHR.

Art. 10 ECHR
Art. 17 ECHR

1. Article 17 of the ECHR only applies exceptionally and in extreme cases. In cases relating to Article 10 of the Convention, it should only be used if it is quite clear that the impugned remarks were intended to deviate this provision from its real purpose by using the right to freedom of expression for purposes manifestly contrary to the values of the Convention.

2. In determining whether an interference by public authorities with the right to freedom of expression is “necessary in a democratic society”, the Court takes into account a number of factors. In addition to the nature of the remarks, it has to consider the context in which they were made, and in particular the following factors: (I) whether the remarks were made in a tense political or social context. If so, the Court generally recognizes that some form of interference with such statements may be justified; (II) Whether correctly interpreted and appreciated in their immediate or more general context, they can be taken as a direct or indirect call for violence or as a justification of violence, hatred or intolerance. When considering this question, the Court is particularly sensitive to categorical statements attacking or denigrating entire groups, whether ethnic, religious or otherwise; (III) the Court also takes into account the way in which they were formulated and the capacity – direct or indirect – to cause harm.