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.
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