Sürek v. Turkey (No. 3), No. 24735/94, ECtHR (Grand Chamber), 8 July 1999

Dissemination of separatist propaganda and incitement to violence through the press. Lawful interference with freedom of press. 

Art. 10 ECHR

The publication on a review of an article inciting to violence cannot be regarded as a legitimate exercise of the right to freedom of expression. Moreover, it is not justified by the role of the press to impart information and ideas on political issues, including divisive ones. Rather, it represents a hypothesis of incitement to violence, which falls far outside the scope of protection guaranteed by Article 10 ECHR.
(In the instant case, the applicant was convicted of disseminating separatist propaganda through the medium of an article published on his review. He alleged a violation of Art. 10 ECHR. Having regard to the words used in the article, the Court finds that it expressed a clear call for the use of armed force as a means to achieve the independence of Kurdistan. Given the security situation in south-east Turkey, it was capable of inciting to further violence in the region. On this basis, the Court concludes that the penalty imposed on the applicant answered a pressing social need and that the interference with the applicant’s right to freedom of expression was proportionate to the legitimate aims pursued by the Turkish authorities).