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"In the Kokkinakis judgment the Court held, in
the context of Article 9 (art. 9), thata State may
legitimately consider it necessary to take
measures aimed at repressing certain forms of
conduct, including the imparting of information
and ideas, judged incompatible with the respect
for the freedom of thought, conscience and
religion of others (ibid., p. 21, para. 48).The
respect for the religious feelings of believers as
guaranteed in Article 9 (art. 9) can legitimately
be thought to have been violated by provocative
portrayals of objects of religious veneraticn.and
such portrayals can be regarded as malicious
violation of the spirit of tolerance, which must
also be a feature of democratic society. The
Convention is to be read as a whole mid .
therefore the interpretation and application of
Article 10 (art. 10) in the present case must be
in harmony with the logic of the Convention
(see,mutatis mutandis, the Klass and Others v.
Germanyjudgmentof6
September 1978,Series
A no. 28, p. 31,para. 68).
48. The measures complained of were based on
section 188 of the Austrian Penal Code, which
is intended to suppress behaviour directed
against objects of religious veneration that' is
likely to cause "justified indignation" .It follows
that their purpose was to protect the right Of
citizens not to be insulted in their religious
feelings by the public expression of views of
other persons. Considering also the terms in
which the decisions of the Austrian courts were
phrased, the Court accepts that the impugned
measures pursued a legitimate aim under Article
10 para. 2 (art. 10-2), namely "the protection of
the rights of others"."
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