4/9/2023 0 Comments Jersild v denmarkThe defendant’s role as a politician could not be considered as a mitigating circumstance. The fact that a statement is made in the context of a political or public debate does not alone mean that the statement would not be deemed reprehensible under criminal law. Publishing defamatory statements as such, without appropriate criticism and comments or without offering reasoned views, does not fall within the purview of freedom of expression. It was thus difficult to understand them as criticism of the decision. The court noted that it was not clear from the tweets posted by A that they were referring to and quoting the Supreme Court decision. The court of appeal applied the relevant provisions in the Criminal Code (incitement to hatred and breach of the sanctity of religion) in light of freedom of expression as provided for in the Constitution Act, the ECHR and the case law of the European Court of Human Rights, particularly the cases of Féret v Belgium (16 July 2009) and Jersild v Denmark (23 September 1994).
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