''Jersild v. Denmark'' was a
case decided by the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
in 1994.
Facts
Jens Olaf Jersild, a journalist, had conducted and edited a TV interview with members of a group of young people, calling themselves "the Greenjackets" (''Grønjakkerne''), who made abusive and derogatory remarks about immigrants and ethnic groups in Denmark during the interview.
Later, Mr. Jersild was convicted of
aiding and abetting
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally allo ...
"the Greenjackets".
Judgment
The court held by twelve votes to seven,
[EUROPEAN COURT OF HUMAN RIGHTS (GRAND CHAMBER)
Application No. 15890/89] that Denmark violated Article 10
ECHR (
freedom of expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
), stressing that ''the applicant’s conduct during the interviews clearly dissociated him from the persons interviewed'' (Para. 34).
Judges
Ryssdal, Bernhardt, Spielmann and Loizou expressed a dissent, stating that ''it was absolutely necessary to add at least a clear statement of disapproval'' (Para. 3). Judges Gölcüklü, Russo and Valticos have filed a shorter dissenting opinion, stating that ''the journalist responsible for the broadcast in question made no real attempt to challenge the points of view he was presenting, which was necessary if their impact was to be counterbalanced''.
References
{{reflist
External links
ECHR judgment
Article 10 of the European Convention on Human Rights
European Court of Human Rights cases decided by the Grand Chamber
European Court of Human Rights cases involving Denmark
Hate crimes