OTEGI MONDRAGON v. SPAIN JUDGMENT
11
17.1. abolish prison sentences for defamation without delay;
17.2. guarantee that there is no misuse of criminal prosecutions ...;
17.3. define the concept of defamation more precisely in their legislation so as to
avoid an arbitrary application of the law and to ensure that civil law provides effective
protection of the dignity of persons affected by defamation;
...
17.6. remove from their defamation legislation any increased protection for public
figures, in accordance with the Court’s case-law ...”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION
32. The applicant alleged that the Supreme Court decision finding him
guilty of serious insult against the King amounted to undue interference
with his right to freedom of expression under Article 10 of the Convention,
which reads as follows:
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. This Article shall not
prevent States from requiring the licensing of broadcasting, television or cinema
enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.”
33. The Government contested that argument.
A. Admissibility
34. The Court notes that this complaint is not manifestly ill-founded
within the meaning of Article 35 § 3 of the Convention. It further notes that
it is not inadmissible on any other grounds. It must therefore be declared
admissible.