''X. and Church of Scientology v. Sweden'' (7805/77) was a case decided by
European Commission of Human Rights
The European Commission of Human Rights was a special body of the Council of Europe.
From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ...
in 1979.
Facts
In 1973, the
Church of Scientology of Sweden placed an advertisement for an
E-meter
The E-meter, originally the electropsychometer, is an electronic device for displaying the electrodermal activity (EDA) of a human being. It is used for auditing in Scientology and divergent groups. The efficacy and legitimacy of Scientology's ...
in its periodical. The
Consumer Ombudsman, acting upon complaints, requested Market Court an injunction prohibiting the use of certain passages in the advertisement, namely that it was "an invaluable aid to measuring man's mental state and changes in it". The court granted the injunction, and the Church's petition was rejected by the Supreme Court.
Decision
The commission declared the application inadmissible. Concerning Article 9 of the
Convention (
freedom of religion
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freed ...
), it mentioned that "the Market Court did not prevent the Church from selling the E-meter or even advertising it for sale as such" and stated that "the concept, contained in the first paragraph of Article 9, concerning the manifestation of a belief in practice does not confer protection on statement of purported religious belief which appear as selling 'arguments' in advertisements of a purely commercial nature by a religious group", therefore founding no interference with Church's rights.
Concerning Article 10 (
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 recog ...
), the Commission found an interference with applicant's rights. However, it found the interference
necessary in a democratic society __NOTOC__
"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democra ...
, stating that "the test of 'necessity' in the second paragraph of Article 10 should therefore be a less strict one when applied to restraints imposed on commercial 'ideas (compared with 'political' ideas).
The case was also significant, since the Commission recognised in its decision the right of a church to petition on behalf of its members, changing the previous practice.
See also
* ''
Church of Scientology v. Sweden''
*
Scientology and the legal system
The Church of Scientology has been involved in court disputes in several countries. In some cases, when the Church has initiated the dispute, questions have been raised as to its motives. The Church of Scientology says that its use of the legal sy ...
External links
EComHR decision{{Scientology
Article 9 of the European Convention on Human Rights
Article 10 of the European Convention on Human Rights
Consumer protection case law
European Court of Human Rights cases involving Sweden
Scientology litigation
1979 in Sweden
1979 in religion
1979 in case law