ECtHR rules that criminal conviction for homophobic material not contrary to freedom of expression

The European Court of Human Rights (EctHR) has upheld a Swedish Supreme Court decision in Vejdeland and Others v Sweden, which convicted individuals of distributing homophobic leaflets in a secondary school. The ECtHR held that the applicants' criminal conviction for the above offence was not contrary to freedom of expression.

The applicants entered a secondary school and disseminated over 100 leaflets which were contained homophobic material and left them in students' lockers. The applicants argued that their intention had not been to "express contempt for homosexuals" but merely to initiate debate about subjectivity in the Swedish education system. The District Court dismissed this defence and they were convicted of "agitation against a national or ethnic group."

Although the ECtHR was cognisant of the applicants' right to express their ideas, the contents of the leaflets were "unnecessarily offensive." In addition, the leaflets were left in students lockers and so were "imposed" on them. It was further pointed out that the students of the school were "at an impressionable age."

Click here to see a blog piece about the ECtHR's decision.

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