Sürek v. Turkey (No. 1), No. 26682/95, ECtHR (Grand Chamber), 8 July 1999

Dissemination of separatist propaganda, hate speech and incitement to violence through the press. Lawful interference with freedom of press.

Art. 10 ECHR

The publication on a review of two texts inciting to violence cannot be regarded as a legitimate exercise of the right to freedom of expression and it is not justified by the role of the press to impart information and ideas on political issues, including divisive ones. Rather, it represents a hypothesis of hate speech and glorification of violence, which falls far outside the scope of protection guaranteed by Article 10 ECHR.
(In the instant case, the applicant was convicted of disseminating separatist propaganda, given the publication on a weekly review of two readers’ letters that condemned the Turkish military action against Kurds in the south-east of the country. Among others, the letters identified persons by name. Given the security situation in south-east Turkey, the Court states that the content of the letters must be seen as capable of inciting to hate and violence in the region and it concludes that the interference with the applicant’s right to freedom of expression was legitimate and proportionate to the aims pursued by the authorities – namely, to protect public order, national security and the territorial integrity of the State).