M’Bala M’Bala v. France, dec., No. 25239/13, ECtHR (Fifth Section), 20 October 2015

Public insults against Jews and Holocaust denial as part of a comedy routine. Prohibition of abuse of rights.

Art. 10 ECHR
Art. 17 ECHR

1. Under Article 17 ECHR, the right to freedom of expression may not be invoked to justify support for anti-Semitism and Holocaust denial, since it is contrary to the fundamental values of the Convention – notably justice and peace. This is the case even when hate speech is uttered in the context of artistic satirical production. 

2. It is not so much the direct or indirect nature of denialist and anti-Semitic discourses that determines the applicability of Article 17 ECHR. Indirect hate speech is as dangerous as explicit, head-on and sudden denialist statements.

(Case concerning the conviction of a French comedian for committing public insult against persons of Jewish origin or faith. The applicant complained about his conviction arguing, inter alia, that the judgment violated his right to freedom of expression under Article 10 ECHR. Under Article 17 ECHR, the Court found that the applicant was not entitled to the protection of Article 10 since the performance amounted to a demonstration of anti-Semitism and support for Holocaust denial. Accordingly, the Court declared the application inadmissible (incompatible ratione materiae)).