SÜER v. Turkey, No. 77711/11, ECtHR (Second Section), 29 September 2020

Interference without sufficient and relevant reasons to justify its necessity in a democratic society constitutes a violation of the right to freedom of expression. Alleged propaganda for a terroristic organisation.

Art. 10 ECHR

In order to evaluate whether the necessity of an interference with the right to freedom of expression is established convincingly, the Court should assess, in line with its case law, whether the reasons provided by national authorities are sufficient and relevant regarding the content, the context and the potential harm deriving from the applicant’s conduct.
(The applicant complained about the violation of his right to freedom of expression having been convicted for propaganda for a terroristic organisation through the sending of two SMS. The Court found a violation of the right to freedom of expression under article 10 because the reasons adduced by the national authorities to demonstrate that the conduct had constituted incitement to violence, armed resistance, or hate speech were not relevant, sufficient or necessary in a democratic society).