Mesopotamia Broadcast A/S METV and Roj TV A/S v. Bundesrepublik Deutschland, Joined Cases C‑244/10 and C‑245/10, CJEU (Third Chamber), 22 September 2011

Incitement to violence and support for terrorist activity through television programmes. Concept of incitement to hatred within the meaning of Art. 22a of Directive 89/552/EEC.

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

The concept of incitement to hatred laid down in Article 22a of Directive 89/552/EEC refers to any ideology which fails to respect human values, included initiatives which attempt to justify violence by terrorist acts against a particular group of persons. Such definition embraces the activities of a television broadcaster that incites violent confrontations between persons of Turkish and Kurdish ethnic origins by supporting the terrorist organisation PKK (Workers’ Party of Kurdistan) through its programmes.

(Preliminary ruling concerning the interpretation of Article 22a of Directive 89/552/EEC. Specifically, it has been asked to the Court whether Article 22a precludes a Member State from taking measures with regard to a television broadcaster established in another Member State on the ground that that broadcaster’s activities run counter to the prohibition on infringing the principles of international understanding in terms of German law).