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Pavel Ivanov v. Russia, dec., No. 35222/04, ECtHR (First Section), 20 February 2007

Abstract

Incitement to anti-Semitic hatred through the use of the press. Abuse of the right to freedom of expression.

Bibliographic references

Art. 10 ECHR
Art. 17 ECHR

Ruling

The publishing of articles inciting ethnic hatred is contrary to the Convention’s underlying values, notably tolerance, social peace and non-discrimination. These speeches fall outside the scope of protection afforded by the right to freedom of expression by virtue of Article 17 ECHR, which prohibits the abuse of rights. (In the present case, the applicant, the owner and editor of a newspaper, was convicted of public incitement to ethnic hatred, having published a series of articles portraying Jewish people as "the source of evil" in Russia, denying their right to national dignity and calling for their exclusion from social life. He alleged a violation of Article 10 of the Convention. The Court found that the application must be rejected as being incompatible ratione materiae with the provisions of the Convention).