Article en détail     N° 2016/107    Page : 759
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The European Court of Human Rights condemn vugorously every negationism and anti-semitism

Mustapha AFROUKH
Maître de conférences à l’Université de Montpellier (IDEDH, EA 3976)

20 octobre 2015 - Cour eur. dr. h., M’Bala M’Bala c. France

For the first time, in the case Dieudonné M’Bala M’Bala c. France, the European Court of Human Rights had to investigate whether article 17 of the Convention could apply to abusive comments which were expressed during a show and might consequently fall under the field of artistic creation. The deliberation reinforce the firmness of the European judge with regard to the revisionist and anti-semitist thesis and seems to confort the trend expressed by the French Council of State in its jugements of January 2014, about the interdiction of previous show from the applicant.