Criminal conviction over disparaging religious doctrines not a violation of freedom of expression: potential IP implications of the latest ECtHR ruling
A few days ago the European Court of Human Rights (ECtHR) issued yet another interesting judgment, which - albeit not directly related to IP - might be nonetheless relevant for the interpretation and application of public policy/morality exclusions, especially in the case of blasphemous and offensive subject matter. The decision is the one in E.S. v Austria , Application No 38450/12 . Background The case related to the applicant's criminal conviction in Austria for disparaging religious doctrines (Articles 188 and 283 of the Austrian Criminal Code) , and her claim that this violated her freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). More specifically, the conviction resulted from a series of public seminars entitled 'Basic Information on Islam' that the applicant had delivered at the right-wing Freedom Party Education Institute . One of these seminars was attended by an undercover journalist, whose publication requeste...