Media Defence has filed a third party intervention at the ECtHR in the case of Kabtane v France.
The applicant in this case alleges a violation of his article 8 Convention rights because the author of the social media post containing alleged hate speech escaped a criminal conviction. Media Defence’s written comments address concerns about a more expansive application of the criminal law to article 10 rights, and submit that the scope of speech that the state may be required to restrict through the criminal law is narrow. The written comments set out the standards that it believes should be applied by the ECtHR when considering whether particular forms of hate speech justify a criminal law response under the Convention, particularly in circumstances where there are other, non-criminal ways in which restrictions can be imposed.
First, the written comments set out and examine the international legal framework on hate speech and freedom of expression, and submit that this provides an appropriate legal framework to be applied when assessing whether a particular form of hate speech can be considered to have reached a sufficiently high threshold so that it becomes subject to the criminal law. They then highlight the dangers that are inherent in extending the scope of the criminal law to extreme forms of expression absent the application of coherent and predictable standards. Finally, the submissions address the impact that uncertainty with respect to the criminalisation of speech, and its attendant chilling effect, has on public discourse in a democratic society.
The written submissions can be found here.
The Statement of Facts is here.
For further information please contact Media Defence Legal Director Pádraig Hughes at: padraig.hughes@mediadefence.org.
