Law Insulting the prophet Muhammad is not free speech according to ECtHR

[Son of Jamin]

The European Court of Human Rights (ECtHR) ruled Thursday that an Austrian woman's criminal conviction and fine for her statements accusing the Prophet Muhammad of pedophilia did not breach her right to free speech.

The decision by a seven-judge panel came as an Austrian national identified as E.S. by the court, had held seminars on Islam in 2008 and 2009 for the far-right Freedom Party (FPO) where she discussed the prophet's marriage to his wife Aisha, a child at the time, and implied that he was a pedophile.

Stating that the court had found that "the applicant's statements had been likely to arouse justified indignation in Muslims" and "amounted to a generalization without factual basis", the Strasbourg-based ECtHR said that the woman's comments could not be covered by the freedom of expression.

The court said it "found in particular that the domestic courts comprehensively assessed the wider context of the applicant's statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria."

https://www.dailysabah.com/europe/2...ech-ecthr-rules/amp?__twitter_impression=true

“Religious feelings protected”? Such b.s!

Free speech slowly eroding one step at the time to appease certain groups!

The Austrian courts had drawn a distinction between pedophilia and child marriage, which was also a common practice historically in European ruling families.

Great cultural relativism, comparing God’s most perfect prophet and role model for all ages to ancient European ruling families.

If you are a pedophile and dislike the stigma, marry a child and you have found the perfect loophole!

 

[Tiny]

That's disgusting.


(and he was a pedo)

 

[loyalyolayal]

Self-preservation is a strong motivation.

 

[Ripskater]

The Left loves Islam.

 

[cincymma79]

Who are you to call someone having sexual with kids a pedophile

 

[dormammu]

 

[Trotsky]

I obviously don't agree with blasphemy convictions (what this amounts to), but this isn't at all inconsistent with international precedent on freedom of speech.

It's important to understand the boundaries of "free speech" in an international human rights context.
Free speech isn't synonymous with "saying whatever offensive stuff you want just for the fuck of it," like it is sometimes portrayed in the United States. It's meant to encompass pointed political speech criticizing or speaking truth to power. It flows from the human right to participate in one's own governance. Blasphemy, obscenity, fighting words, vulgarity - these are not at the core of the political concept of free speech.

Now, you could I suppose make the argument that, in theocratic societies, criticizing holy prophets is tantamount of political speech criticizing government action, but that would seem to be a pretty big stretch to me.

 

[TheTimeIsNotNow]

Who are you to call someone having sexual with kids a pedophile

 

[dormammu]

well played sir, well played

 

[uppercutbus]

Funny how "free speech" varies from country to country.

Basically USA has the most true version of free speech.

 

[Lavalamp]

I expected this just to be you can't say curse words about the guy they call the perfect man.

Their own writings of "authentic" scholars say the guy married a very young girl.

Seems like this council just wants to blindly push Islam

 

[Headkicktoleg]

Sounds like the ECtHR is a bunch of pedos

 

[NoDak]

Funny how "free speech" varies from country to country.

Basically USA has the most true version of free speech.

It's the load-bearing wall of western civilization.

 

[Cubo de Sangre]

The European Court of Human Rights (ECtHR) ruled Thursday that an Austrian woman's criminal conviction and fine for her statements accusing the Prophet Muhammad of pedophilia did not breach her right to free speech.

Then it sounds like they should come up with a different term.

 

[Ripskater]

I wonder if the same applies to Jesus Christ?

 

[Trotsky]

Funny how "free speech" varies from country to country.

Basically USA has the most true version of free speech.

Meh, I prefer our speech laws to anywhere else and certainly think they are better than most, but that's also because I'm familiar with them.

Let's not forget that, in addition to jailing communists, busting unions, and invading the rights of civil rights activists, American courts have used our speech laws to say that this was NOT free speech:

I wonder if the same applies to Jesus Christ?

If such a law were made, I am absolutely certain that international courts would similarly not object.

 

[splendica]

How slippery a slope is it to say that not believing that Muhammad was a prophet is considered unprotected speech? Nothing is above criticism if you want to get to get to truth.

 

[dontsnitch]

Authoritarian religion is authoritarian.

 

[Medical Marijuana Man]

I wonder if the same applies to Jesus Christ?

Nope the world is unfortunately allowed to freely hate and lie about him all they want. I mean they did take Him out of the schools just to put Muhammad in there.

I refused to do my work in History class when they tried pushing that bull shit on me.

 

[Islam Imamate]

The European Court of Human Rights (ECtHR) ruled Thursday that an Austrian woman's criminal conviction and fine for her statements accusing the Prophet Muhammad of pedophilia did not breach her right to free speech.

The decision by a seven-judge panel came as an Austrian national identified as E.S. by the court, had held seminars on Islam in 2008 and 2009 for the far-right Freedom Party (FPO) where she discussed the prophet's marriage to his wife Aisha, a child at the time, and implied that he was a pedophile.

Stating that the court had found that "the applicant's statements had been likely to arouse justified indignation in Muslims" and "amounted to a generalization without factual basis", the Strasbourg-based ECtHR said that the woman's comments could not be covered by the freedom of expression.

The court said it "found in particular that the domestic courts comprehensively assessed the wider context of the applicant's statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria."

https://www.dailysabah.com/europe/2...ech-ecthr-rules/amp?__twitter_impression=true

“Religious feelings protected”? Such b.s!

Free speech slowly eroding one step at the time to appease certain groups!

Great cultural relativism, comparing God’s most perfect prophet and role model for all ages to ancient European ruling families.

If you are a pedophile and dislike the stigma, marry a child and you have found the perfect loophole!

Well you guys also have Holocaust denial and hate speech laws, once you start down that road this is where it can lead to.

Meh, I prefer our speech laws to anywhere else and certainly think they are better than most, but that's also because I'm familiar with them.

Let's not forget that, in addition to jailing communists, busting unions, and invading the rights of civil rights activists, American courts found that this was NOT free speech:

If such a law were made, I am absolutely certain that international courts would similarly not object.

Yeah our speech protections aren't perfect, just the least bad.