European Court of Human Rights
14 March 2013
Facts
During a visit by the President of France in 2008, the applicant waved a small satirical placard reading “Get lost, you sad prick” in French, as the President’s party was about to pass by. This was an allusion to a much-publicised phrase uttered by the President himself. The phrase had given rise to extensive comment and media coverage and had been widely circulated on the Internet and used as a slogan at demonstrations. The applicant was stopped by the police and prosecuted by the public prosecutor for insulting the President. He was found guilty and fined thirty euros, a penalty which was suspended.
Complaint
The applicant complained that his conviction infringed his freedom of expression as guaranteed by Article 10 of the Convention.
Court’s ruling
The applicant’s conviction had amounted to an interference with his right to freedom of expression. The interference had been prescribed by law and had pursued the legitimate aim of protecting the reputation of others. Regarding the proportionality of the interference, the Court explained that although the phrase was offensive to the President, it should be examined within the overall context of the case, particularly with regard to the status of the person to whom it was addressed, the applicant’s own position, its form and the context of repetition of a previous statement. The Court further noted that the applicant had expressed his criticism through satire, a form of artistic expression which naturally aims to provoke and agitate. Accordingly, any interference with the right of someone to use this means of expression should be examined with particular care. Imposing a criminal penalty for such conduct could have a chilling effect on satirical forms of expression relating to topical issues. Therefore, the authorities’ recourse to a criminal penalty had been disproportionate to the aim pursued and unnecessary in a democratic society.