Nachtmann v. Austria, dec., No. 36773/97, ECommHR, 9 September 1998

Denial of Jewish genocide and other National Socialist crimes. Lawful interference with freedom of expression.

Art. 10 ECHR

National Socialism is a totalitarian doctrine incompatible with democracy and human rights and is therefore contrary to the rights and freedoms recognized by the Convention. 

(The applicant, the head of the editorial staff of a periodical, was convicted as responsible for the publication of an article denying Jewish genocide and other National Socialist crimes. He complained that the conviction has breached his right to freedom of expression as well as his right to freedom of thought and conscience pursuant to Art. 10 ECHR. Given the anti-democratic nature of the national socialism doctrine that pursues aims of the kind referred to in Art. 17 ECHR, the Commission found that the interference in his right to freedom of expression was “necessary in a democratic society”, within the meaning of Art. 10, para. 2 ECHR.)