PARIS – The European Court of Human Rights (ECHR) has given historicjudgement over the case of Defaming Prophet Mohammad and issue of freedomof expression.
ECHR ruled on Thursday that insulting Prophet Muhammad is not covered byfreedom of expression.
Defaming the Prophet “goes beyond the permissible limits of an objectivedebate” and “could stir up prejudice and put at risk religious peace,” theruling stated.
The decision by a seven-judge panel came after an Austrian nationalidentified as E.S. held two seminars in 2009 in which she insulted theprophet.
The court said that the woman’s comments could not be covered by thefreedom of expression, stating that it had found that “the applicant’sstatements had been likely to arouse justified indignation in Muslims” and“amounted to a generalization without factual basis.”
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An Austrian court convicted her of disparaging religious doctrines in 2011and fined her 480 euros ($548), a judgment that was upheld on two appeals.
“E. S. appealed but the Vienna Court of Appeal upheld the decision inDecember 2011, confirming, in essence, the lower court’s findings. Arequest for the renewal of the proceedings was dismissed by the SupremeCourt on 11 December 2013,” it said.
“Relying on Article 10 (freedom of expression), E. S. complained that thedomestic courts failed to address the substance of the impugned statementsin the light of her right to freedom of expression.”
