FALCINELLI D. – The Right of Satire and the ’“necessary interference”
In the judgment in comment, that reasons about the violation of the art. 10 CEDU (Right to the freedom of expression), it reaffirms itself the exegetic tradition of the balance of the different interests at stake through an evaluation of the circumstances of the single case, where estimating the compatibility between the provisions of the European Court of human rights and the specific criminal intervention on the ground of the concrete danger of the carried out behaviour.
Before herself the Court has the scenery of the terroristic attempt to the World Trade Center of the 11th of September 2001, and a sentence for apologia of terrorism relative to the publication on a Basque weekly magazine, on the 13th of September 2001, of a vignette representing the drama accompanied by the explanation: «all of us dreamt it … Hamas did it». The argumentation of the claimant, that framed the vignette as an expression of an anti-american sentiment, set themselves against those of the French Government, which considered the apologia of terrorism as an activity turned to prejudice the rights and the liberties that the Convention itself proclaims.[…]