NATIONAL YOUTH COUNCIL OF MOLDOVA v. THE REPUBLIC OF MOLDOVA - 15379/13 (Article 10 - Freedom of expression - {general} : Second Section) French Text [2024] ECHR 567 (25 June 2024)

NATIONAL YOUTH COUNCIL OF MOLDOVA v. THE REPUBLIC OF MOLDOVA - 15379/13 (Article 10 - Freedom of expression - {general} : Second Section) French Text [2024] ECHR 567 (25 June 2024)

The refusal by Moldovan authorities to authorize the applicant's anti-discrimination billboard constituted an interference with freedom of expression under Article 10 ECHR. The interference was not justified as necessary in a democratic society because the caricatures, though potentially offensive, served a public...

Source-derived case information.

Citation
[2024] ECHR 567
Parties
Applicant: National Youth Council of Moldova; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violation of Article 10 ECHR found
Legal Topics
Freedom of Expression, Anti Discrimination, Advertising Regulation, Minority Rights, Disability Rights
Human Rights Constitutional Law Administrative Law Freedom of Expression Anti Discrimination Advertising Regulation Minority Rights Disability Rights

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Parties

National Youth Council of Moldova

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether refusal to authorize anti-discrimination illustration on public billboards violated Article 10 (freedom of expression) of the European Convention on Human Rights
  2. 2 Whether the refusal was lawful, pursued a legitimate aim, and was necessary in a democratic society

Ratio Decidendi

The refusal by Moldovan authorities to authorize the applicant's anti-discrimination billboard constituted an interference with freedom of expression under Article 10 ECHR. The interference was not justified as necessary in a democratic society because the caricatures, though potentially offensive, served a public interest by raising awareness of discrimination and did not amount to hate speech or incitement. The authorities failed to provide relevant and sufficient reasons, did not properly balance the applicant's rights with those of vulnerable groups, and did not demonstrate that the refusal was proportionate. The applicant's role was akin to the press, and the margin of appreciation...

Court Disposition

Violation of Article 10 ECHR found

Orders

  • Respondent to pay applicant EUR 3,000 in respect of non-pecuniary damage
  • Respondent to pay applicant EUR 1,500 in respect of costs and expenses