Bulgaria / Burgas Regional Court / Decision no. 1429 of 28 July 2014 on administrative penal case no. 2455/2014

Country

Bulgaria

Title

Bulgaria / Burgas Regional Court / Decision no. 1429 of 28 July 2014 on administrative penal case no. 2455/2014

View full Case

Year

2014

Decision/ruling/judgment date

Monday, July 28, 2014

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Nationality

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Burgas Regional Court (Бургаски районен съд)

Key facts of the case

The court repealed a fine of BGN 3,000 (approximately €1,500), imposed on the TV channel SKAT (СКАТ) for incitement to intolerance against ethnic Turks. The sanction was originally imposed for the broadcasting of a TV show, in which the participants argued that the Turks were planning to conquer Bulgaria and annihilate the Bulgarian population. The host of the show referred to the Turks as a 'barbarian nation', which had conquered Bulgarian lands by 'beheadings, murders and bloodshed'.

Main reasoning/argumentation

The court concluded that none of the statements had incited confrontation between the Bulgarian and the Turkish nations. According to the court, the TV presenter was expressing his personal opinion without confronting different groups of the population and without inciting intolerance. His statements had not caused negative feelings, in particular, fear of aggression on the part of the Turkish nation.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The court elaborated on the degree to which the freedom of expression is restricted by the ban to incite intolerance and hatred. According to the court, as long as the expressed opinion does not cause, directly or indirectly, negative feelings such as fear and insecurity, which could turn to hatred and intolerance, the freedom of expression should not be restricted.

Results (sanctions, outcome) and key consequences or implications of the case

The court overruled the decision of the Council for Electronic Media (CEM) (Съвет за електронни медии, СЕМ) and repealed the imposed sanctions on the TV service provider.

Key quotation in original language and its unofficial translation into English with reference details

"С оглед събраните доказателства съдът счита, че изявленията на водещия предаването представляват израз на правото му на лично мнение по определена тема […] В конкретния случай изявлението на водещия предаването не внушава национална нетърпимост към еврейската и турската нация, поради което счита, че тези коментари не са форми на разпалване на вражда по смисъла на чл. 39, ал.2 от Конституцията на Република България."

"In the light of the evidence gathered, the court considers that the statements of the TV presenter are an expression of his right to a personal opinion on a particular topic [...] In this case, the statement of the presenter does not incite to national intolerance against the Jewish and Turkish nations, and therefore [the court] considers that these comments are not forms of inflammation in the sense of Art. 39, para 2 of the Constitution of the Republic of Bulgaria."

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