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Roj TV A/S v. Denmark, dec., No. 24683/14, ECtHR (Second Section), 17 April 2018

Abstract

Incitement to violence and support for terrorist activities through television programmes. Abuse of the right to freedom of expression.

Normative references

Art. 10 ECHR
Art. 17 ECHR

Ruling

Promoting the activities of a terrorist organization through television programmes falls outside the scope of protection provided by Article 10 ECHR by virtue of Article 17 ECHR, which prohibits the abuse of rights. Incitement to participate in fights and to joint terroristic operations, as well as the portrayal of deceased guerrilla members as heroes, is contrary to the values of the Convention. (In the present case, the applicant, a Danish company and television channel, was convicted for terrorism-related offences, having supported the PKK’s (Workers’ Party of Kurdistan) terrorist operations through its programmes between 2006 and 2010. It alleged a violation of its right to freedom of expression. The Court declared the application inadmissible as being incompatible ratione materiae with the provisions of the Convention).