Bidart v. France, No. 52363/11, ECtHR (Fifth Section), 12 November 2015

Prohibition on disseminating works concerning terrorist offences to prevent disorder or crimes. Lawful interference with freedom of expression.

Art. 10 ECHR

When deciding to impose measures to prevent the distribution of information or ideas about potential activities of terrorist organisations, a careful scrutiny is required, given the dangers that restrictions of that kind pose for democracy. National authorities have to ensure a fair balance between individuals’ fundamental right to freedom of expression and the society’s legitimate right to protect itself against terrorist threats, having regard to the circumstances of the case and without overstepping the margin of appreciation available to them. (In the instant case, the applicant, the former head of the Basque separatist organisation Iparretarrak, who was convicted of terrorism-related offences, complained about the illegitimate interference with the exercise of his freedom of expression in the framework of his release on licence. Specifically, he contested the obligation to refrain from disseminating any work concerning the offences of which he had been convicted and from speaking publicly about those offences. The Court critically underlined the domestic authorities’ approach in taking the impugned measure, since the decision was based only on a hypothetic risk to the public order, which was not fully established. However, it noted that the restriction imposed on the applicant underwent judicial review and it was limited in time and in terms of subject matter, not banning him from voicing any opinion on the Basque question. Accordingly, it found that domestic courts did not exceed the margin of appreciation available to them and that there had been no violation of Article 10 ECHR).