Otto-Preminger-Institut v. Austria, No. 13470/87, ECtHR (Chamber), 20 September 1994

Antireligious film. Lawful interference with freedom of expression.

Art. 10 ECHR

Gratuitously offensive statements directed against the religious feelings of others that do not contribute to the public debate must be avoided. The absence of a uniform position in Europe on the significance of religion in society entails a certain margin of appreciation of national authorities in assessing the need of imposing restrictions on the freedom of expression for the preservation of religious peace.

(In the instant case, the Austrian courts ordered the seizure and forfeiture of a film containing trivial and disrespectful imagery of Christianity, holding it to be an abusive attack on the Roman Catholic religion. The Court found that the national authorities acted to protect citizens from having their religious feelings insulted by public expression. Consequently, it stated that the seizure and the forfeiture as interferences with the right to freedom of expression pursued a legitimate aim and were necessary in a democratic society).