Gözel and Özer v. Turkey, Nn. 43453/04, 31098/05, ECtHR (Second Section), 6 July 2010

Publishing statements by members of a terrorist organization. Arbitrary interferences with freedom of expression.

Art. 10 ECHR

1. The publication of statements by members of an illegal organisation – or harsh criticism of national policy – cannot justify an interference with the right to freedom of expression.

2. Repression of journalists for merely publishing statements by members of an illegal organisation may have the effect of censuring media professionals and deterring them from expressing their views on matters of public interest. This cannot be reconciled with the freedom to receive or impart information or ideas.

3. In assessing whether the publication of articles reporting statements by illegal organisations is likely to incite acts of terrorism or violence, it has to be considered the content of the writings and the context in which they are disseminated. In doing so, national authorities must take into account the public’s right to be informed of other views on a conflict situation.
(Case concerning the conviction of the applicant journalists for reporting statements by members of a terrorist organisation. The Court found a violation of Art. 10 ECHR).