European Court of Human Rights
20 October 2015
Facts:
The applicant, Dieudonné M’Bala M’Bala, a French comedian and political activist, performed at the Zénith in Paris. During the show, he invited Robert Faurisson – a convicted Holocaust denier - on stage to receive a satirical “prize for unfrequentability and insolence”. The award was presented by an actor dressed in striped concentration-camp pajamas with a yellow star. Dieudonné declared his intention to “do better” than in his previous show, which critics had labelled “the biggest antisemitic rally since WWII.” French police recorded the scene, and proceedings were subsequently initiated.
The Paris criminal court convicted Dieudonné of publicly insulting Jews, fining him € 10,000 and awarding symbolic compensation to plaintiffs. Both the Court of Appeal and the Court of Cassation upheld the conviction.
Complaint:
The applicant argued that criminal penalties for the satirical act breached Article 7, by punishing him under an unclear or overly vague law, and Article 10, by suppressing his right to freedom of expression.
Court’s Ruling:
The Court acknowledged that freedom of expression, including satire and provocation, is a fundamental right in a democratic society, but emphasized that it carries duties and responsibilities. It found that the act went beyond entertainment and satire and was inherently antisemitic, intending to promote hatred and Holocaust denial, and the use of historical symbols to elevate a convicted Holocaust denier amounted to incitement against the Jewish community. The Court held that, given the nature and tone of the act, such speech falls outside the scope of Article 10, as it is incompatible with the core values of the Convention, including dignity, tolerance, and non-discrimination.
Accordingly, the application was declared incompatible ratione materiae and inadmissible.