engleski

Satire in the Case-law of the European Court of Human Rights

The paper provides an analyses of cases brought before the European Court of Human Rights regarding satire in the context of the Article 10 of the European Convention on Human Rights which guarantees the freedom of expression. The author firstly gives an insight of the nature of the satire as a form of expression and gives a short overview of the position of other human rights treaty systems regarding satire besides the system of the European Convention on Human Rights. After that the author provides the more substantial insight of the relevant cases brought before the European Court of Human Rights. The analysis of the relevant case-law of the Court shows that the Court strongly defends satire as a form of artistic expression and social commentary which is in its nature provocative and agitating. This is in line with the more general justification of freedom of expression as a prerequisite for a functional democracy. Nevertheless, the freedom of using satire as any other form of expression guaranteed by the Article 10(1) of the Convention is subject to certain restrictions in light of the Article 10(2) of the Convention. The freedom of satirical expression and these restrictions, like the one concerned with the protection of reputation of other people which is typical in this context, represent conflicting interests which require their weighing in every particular case in light of the purpose and the spirit of the Convention. By examining the relevant case-law of the Court the paper presents an attempt to establish a clear dividing line between permissible satire as a particular form of freedom of expression in the context of the Article 10(1) and permissible restrictions of satire in the context of the Article 10(2) of the Convention.

satire ; freedom of expression ; Article 10 of the European Convention on Human Rights ; European Court of Human Rights

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