Court of Cassation, Criminal Chamber
20 October 2015
Facts
The applicants were arrested on the premises of a grocery store as they were taking part in a demonstration calling for boycott of food products from Israel. They were summoned to appear before the criminal court for incitement to discrimination, hatred or violence against a group on the grounds of their origin. The Court dismissed the charges against the defendants. The prosecutor appealed against the judgment. The Court of appeal overturned the court’s judgment and found the defendants guilty for provoking discrimination against products from Israel and inciting customers not to buy these goods because of the origin of the producers and suppliers. The defendants challenged this decision before the Court of Cassation.
Court’s ruling
The Court of Cassation rejected the applicants’ request, and agreed with the Court of Appeal’s argument that incitement to discrimination cannot be covered by the right to freedom of expression if it constitutes a positive act of rejection, manifested by incitement to discriminate against a category of people. The Court of Cassation found that the elements of this criminal offence were present in this case because the applicants had provoked discrimination against products from Israel by inciting customers not to buy these goods because of the origin of the suppliers who belonged to a specific nation, Israel, which was recognised as a nation under international law. The Court concluded that the exercise of freedom of expression can be subject to restrictions or sanctions which are necessary in a democratic society, as was the case here.