29/09/2023, 12:35 SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1… promotes racism, support for such a group or participation in its activities (§ 10). ECRI noted a decline in the tolerance of diversity since 2009, as the National Consultative Commission for Human Rights had found in its report published on 12 June 2014 on the combating of racism, antisemitism and xenophobia (report for 2013, published by La documentation française), as well as the prevalence of antisemitic stereotypes, especially in various segments of French society (Front national supporters, part of the population of Arab origin, and supporters of the Front de gauche). It pointed out that hate speech had led to acts of racist violence, especially by extremist groups. (d) Special Representative of the Secretary General on antisemitic, anti‑Muslim and other forms of religious intolerance and hate crimes 71. The Special Representative of the Secretary General of the Council of Europe organised a consultation of Muslim organisations. The results gave rise to a working document (July 2021) containing the following conclusion (unofficial translation): “In sum, the propagation of discrimination, incitement to violence and death threats on line is a growing concern among minorities in Europe, the Muslim community in particular. Like other types of racist and anti-religious intolerance, the phenomenon of anti-Muslim feeling and hate is complex. It is clear, however, that it is on the rise and that it is dangerous because on-line hatred leads to violence and killing. It must therefore be dealt with urgently.” 2. United Nations (a) Human Rights Council 72. In his report submitted in accordance with Human Rights Council resolution 16/4 (A/67/357, 7 September 2012), the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression made the following observations in particular: “46. While some of the above concepts may overlap, the Special Rapporteur considers the following elements to be essential when determining whether an expression constitutes incitement to hatred: real and imminent danger of violence resulting from the expression; intent of the speaker to incite discrimination, hostility or violence; and careful consideration by the judiciary of the context in which hatred was expressed, given that international law prohibits some forms of speech for their consequences, and not for their content as such, because what is deeply offensive in one community may not be so in another. Accordingly, any contextual assessment must include consideration of various factors, including the existence of patterns of tension between religious or racial communities, discrimination against the targeted group, the tone and content of the speech, the person inciting hatred and the means of disseminating the expression of hate. For example, a statement released by an individual to a small and restricted group of Facebook users does not carry the same weight as a statement published on a mainstream website. Similarly, artistic expression should be considered with https://www.bailii.org/eu/cases/ECHR/2023/418.html 39/100