EU rights court bans defaming Prophet of Islam

The European Court of Human Rights (ECHR) ruled against defamation of Prophet Muhammad (PBUH).

It said such activities exceed the permissible limits of freedom of expression.

The ECHR ruled against an Austrian woman who called Prophet Muhammad a pedophile was not protected by free speech. The applicant claimed she was contributing to public debate.

The ECHR said that defaming Prophet Muhammad “goes beyond the permissible limits of an objective debate”.

It also said this “could stir up prejudice and put at risk religious peace”.

According to the ECHR, the Vienna Regional Criminal Court (VRCC) found that the statements made in a seminar titled “Basic Information on Islam” were defamatory and in February 2011 convicted Mrs S. for disparaging religious doctrines.

She receives a fine €480 (approximately $547) which is also the costs of the proceedings.

“Mrs S appealed but the Vienna Court of Appeal upheld the decision in December 2011, confirming, in essence, the lower court’s findings.

The ECHR says the Supreme Court rejects a request for the renewal of the proceedings in 2013.

Mrs S relied on Article 10 (freedom of expression). She says the domestic courts failed to address the substance of the impugned statements.

Nevertheless, she says it was her right to freedom of expression.

The ECHR statement also affirmed the decision taken by the domestic court. It says this did not violate Article 10 of the EC on Human Rights.