RIVADULLA DURÓ v. SPAIN DECISION
A. Complaints under Articles 9 and 10 of the Convention
24. In view of the substance of the applicant’s complaints, the Court,
being the master of the characterisation to be given in law to the facts of the
case, considers that they fall to be examined under Article 10 of
the Convention.
25. The Court reiterates in this connection that freedom of expression
constitutes one of the essential foundations of a democratic society and one
of the basic conditions for its progress and for each individual’s
self - fulfilment. It is applicable not only to “information” or “ideas” that are
favourably received or regarded as inoffensive or as a matter of indifference,
but also to those that offend, shock or disturb (see, for example, Otegi
Mondragon v. Spain, no. 2034/07, § 48, ECHR 2011; Erkizia Almandoz
v. Spain, no. 5869/17, § 37, 22 June 2021; and Z.B. v. France, no. 46883/15,
§ 52, 2 September 2021).
26. The convictions in issue clearly constituted an interference with
the applicant’s right to freedom of expression as guaranteed by Article 10 § 1
of the Convention. The Court is further satisfied that the interference was
prescribed by law (see paragraph 16 above) and pursued a legitimate aim,
namely national security and public safety, within the meaning of Article 10
§ 2 of the Convention. The main question in the present case is therefore
whether the interference was “necessary in a democratic society” (see, for
example, Otegi Mondragon, cited above, § 49, and Perinçek v. Switzerland
[GC], no. 27510/08, §§ 196-97, ECHR 2015).
27. In exercising its supervisory jurisdiction, the Court’s task is not to take
the place of the competent national authorities but rather to review under
Article 10 the decisions they delivered pursuant to their power of
appreciation. The Court has to look at the interference complained of in the
light of the case as a whole and determine whether the reasons adduced by
the national authorities to justify it are “relevant and sufficient” and whether
it was “proportionate to the legitimate aim pursued”. In doing so, the Court
has to satisfy itself that the national authorities applied standards which were
in conformity with the principles embodied in Article 10 and, moreover, that
they relied on an acceptable assessment of the relevant facts (see, among
many other authorities, Yavuz and Yaylalı v. Turkey, no. 12606/11, § 44,
17 December 2013; Erkizia Almandoz, cited above, §§ 37-40; and Z.B.
v. France, cited above, §§ 53-54). The Contracting States have, under
Article 10, a certain margin of appreciation in judging the necessity and
extent of an interference with the freedom of expression protected by that
provision (see Mouvement raëlien suisse v. Switzerland [GC], no. 16354/06,
§ 59, ECHR 2012, and Z.B. v. France, cited above, § 58).
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