Lingens v Austria

In this case the applicant, an Austrian journalist and editor of the magazine Profil, was found guilty of defamation by the Vienna Regional Court. Mr Lingens had written articles against Mr Friedrich Peter, the President of the Austrian Liberal Party, stating that, as he served in the first SS infantry brigade during the Second World War, 'his past nevertheless rendered him unacceptable as a politician in Austria'. The European Court of Human Rights, after having recognised the fundamental importance of article 10 of the European Convention on Human Rights, 'one of the essential foundations of a democratic society and one of the basic conditions for its progress, and for each individual's self-fulfillment', concluded that there had been a breach of this article. It declared that: 'freedom of expression is applicable not only to information or ideas that are favourably received, or regarded as offensive or as a matter of indifference, but also to those that offend, shock and disturb. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no democratic society'.



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Author Organisation: European Court of Human Rights
 

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Lingens v Austria (lingens.ect.txt) Lingens v Austria (lingens.ect.txt)
Date:24/11/2008 In this case the applicant, an Austrian journalist and editor of the magazine Profil, was found guilty of defamation by the Vienna Regional Court...