Garaudy v. France, dec., No. 65831/01, ECtHR (Fourth Section), 24 June 2003

Book denying Holocaust. Prohibition of abuse of rights.

Art. 10 ECHR
Art. 17 ECHR

1. Disputing the existence of clearly established historical events, such as the Holocaust, did not constitute historical research. Rather, it turns out to be one of the most severe forms of racial defamation and incitement to hatred of Jews. Historical revisionism is incompatible with the values of the Convention and it is removed from the protection of Article 10 ECHR by virtue of Article 17 ECHR.

2. Racist or anti-Semitic contents are not covered by the protection set out in Article 10 of the Convention. In these cases, interferences with freedom of expression are “necessary in a democratic society”, in accordance with Article 10 para. 2 ECHR. 

(In the instant case, the applicant, the author of a book titled The Founding Myths of Modern Israel, was convicted of disputing the existence of crimes against humanity, defamation of the Jewish community, incitement to racial hatred and discrimination. He complained under Article 10 ECHR that his conviction violated his right to freedom of expression. The Court found the application inadmissible (incompatible ratione materiae)).