14
OTEGI MONDRAGON v. SPAIN JUDGMENT
view of his or her dignity and integrity. This was especially so in the instant
case, where the target of the remarks had a particular duty to adhere to and
ensure adherence to the core values in question.
41. In the Government’s view, the Spanish courts had taken due account
of the Court’s case-law on the subject. In that connection, they pointed out
that the case-law of the Constitutional Court recognised the importance of
freedom of expression as an essential guarantee of free public opinion,
which was inextricably linked to democratic pluralism. However, the right
to freedom of expression did not protect a supposed right to proffer insults
and hence did not encompass vexatious remarks which were irrelevant and
superfluous for the purposes of conveying the opinions or information
concerned. Referring to the Court’s case-law (see Lingens v. Austria, 8 July
1986, Series A no. 103), the Government stressed that although the limits of
permissible criticism were wider with regard to public figures, the latter’s
reputation must also be protected for the purposes of Article 10 § 2 of the
Convention even where the persons concerned were not acting in a private
capacity.
42. The Government stressed the unique institutional position occupied
by the King under the Spanish Constitution, pointing out that the King could
not be held liable and that his neutral status in political debate under the
Constitution meant that he was owed institutional respect of a kind that was
“substantively” different from that due to other State institutions.
43. Even assuming that the limits of criticism of the King of Spain by a
member of a regional parliament were wider, neither the Spanish
Constitution nor the Convention could be deemed to recognise a right to
proffer insults, in disregard of a person’s dignity. The Government agreed
with the Spanish courts that the interference complained of had not been
directed against the applicant’s anti-monarchy views but against specific
expressions which had overstepped the bounds of legitimate exercise of the
right to free expression, in breach of the King’s right to honour. Lastly, the
Spanish courts had given ample reasons for the applicant’s conviction, in
the light of the background to the case.
2. The Court’s assessment
44. It is not disputed between the parties that the applicant’s conviction
amounted to “interference by public authority” with his right to freedom of
expression. Such interference will infringe the Convention unless it satisfies
the requirements of paragraph 2 of Article 10. It must therefore be
determined whether it was “prescribed by law”, pursued one or more of the
legitimate aims set out in that paragraph and was “necessary in a democratic
society” to achieve those aims.