Soulas and Others v. France, No. 15948/03, ECtHR (Fifth Section), 10 July 2008

Book inciting to hatred and violence against Muslim. Lawful interference with freedom of expression.

Art. 10 ECHR

1. The publication of a book describing immigration to Europe of people of non-European origin in general and Muslims in particular as a catastrophic phenomenon, and suggesting a war of ethnic re-conquest as the only possible solution, is not in line with the international community's constant commitment in combatting racial discriminations. This is true although the issue of immigration and integration of immigrants in the host countries is of undoubted general interest.

2. Problems arising from the implementation of immigration and integration policies vary according to the context. As a result, a wide margin of appreciation is given to States to assess the possible need for interference in freedom of expression in order to protect social peace. 
(In the instant case, the applicants were convicted for inciting hatred and violence against Muslim communities from northern and central Africa following the publication of a book entitled "The colonisation of Europe”, with the subtitle “Truthful remarks about immigration and Islam”. They complained that their freedom of expression had been violated. The Court found no violation of Article 10 ECHR on the grounds that several passages from the book referred to the communities targeted with a negative image, trying to give rise in readers to a feeling of rejection and antagonism. It considered that the interference in the applicants’ right to freedom of expression had been necessary in a democratic society).