Sürek v. Turkey (No. 4), No. 24762/94, ECtHR (Grand Chamber), 8 July 1999

Dissemination of separatist propaganda and incitement to violence through the press. Unlawful interference with freedom of press.

Art. 10 ECHR

Although the press must not threaten fundamental interests of the State such as national security, territorial integrity or the prevention of disorder and crime, it is nevertheless incumbent on it to impart information and ideas on political issues, including divisive ones. To this task corresponds the citizens’ right to be informed about debates of public interest, even to form their opinions of the ideas and attitudes of political leaders. Such are the demands of that pluralism and tolerance without which there is no democratic society. (The case originated in an application lodged by the major shareholder of a company which owns a weekly review, who was charged with disseminating separatist propaganda through a publication. The Court notes that the views expressed in the article cannot be read as an incitement to violence, although they referred to criticisms of the Turkish authorities and described the awakening of Kurdish sentiment. Consequently, the conviction of the applicant constitutes an illegitimate interference with his right to freedom of expression, since it was disproportionate to the aim of protecting territorial integrity and therefore not necessary in a democratic society ex Article 10 ECHR).