GRA STIFTUNG GEGEN RASSISMUS UND ANTISEMITISMUS v. SWITZERLAND JUDGMENT 13 according to the generally accepted meaning of that term. Consequently, describing his statements as “verbal racism” had not had a factual basis. 39. The Government admitted that the applicant organisation could be described as a social “public watchdog” because of its objectives and area of work and that, consequently, it could benefit from the same protection as the press. They also agreed that B.K., as president of the local branch of a youth wing of a political party, having spoken publicly during a demonstration, had entered into the public arena and engaged in a political debate. Thus normally the limits of permitted criticism would need to be wider for him than for a private individual. Nevertheless, the Government argued that that principle had to be applied in a differentiated way because B.K. was only 21 years old at the time. He had been at the beginning of his political career and was unknown at national level. Those circumstances justified proper protection for his personality rights and reputation. 40. For the Government, even if it was accepted that both B.K.’s statements and the applicant organisation’s Internet entry had been part of a political debate on a question of general interest, the impugned publication had not been a statement in a political debate but had merely been an account of a public gathering that was essentially factual in character. Furthermore, the applicant organisation had presented B.K.’s statements on the part of its website entitled “Chronology”, which contained objective information rather than comments, thereby further increasing the factual component of its statement. The degree of exaggeration that was allowed in information of an essentially factual character was necessarily lower than that tolerated for ideas or opinions. The applicant’s responsibility to supply exact and trustworthy information also took on particular importance when it came to the publication of a chronology. It had had the opportunity to prove the truth of the impugned statement, but had failed to do so. 41. The Government maintained that describing someone’s words as “verbal racism” could generally decrease respect for that person and be associated by the average reader with an accusation of an offence punishable under criminal law. In the presence of words which equated to liability for criminal conduct, there had been a “pressing social need” to prevent people gaining the impression of such serious charges. 42. The sanctions against the applicant organisation had been of a civil nature and limited in scope. The ban on publishing the information in question on its website under the section “Chronology – Verbal racism” had not prevented the applicant organisation from publishing the information in question under another section or with another title. 43. In conclusion, there had been a pressing social need to take the impugned measure against the applicant organisation and the State had not overstepped the margin of appreciation it was afforded.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos