The European Court of Human Rights on Wednesday ruled that Spain’s sentencing of a Spanish editor over an article in his newspaper linking Morocco’s now-deceased King Hassan II to drug-dealers was a violation of Article 10 of the European Convention, which protects the rights of freedom of expression and of the press.
The case dates back to 1995, when the now-defunct newspaper Diario 16, then edited by Jose Luis Gutierrez, published a story headlined “Five tons of hashish discovered in a consignment belonging to Hassan II’s company” and referred to on the first page under the headline “A family company belonging to Hassan II implicated in drug trafficking” – in reference to the police seizure of about five tons of hashish hidden in a lorry belonging to Domaines Royaux, a company owned by the Alaouite royal family.
A Spanish court ruled in 1996 that the drug traffickers had no connection with the Domaines Royaux company.
In 1997, the Moroccan Royal Crown sued, in Spain, the article author, Rosa Maria Lopez, Diario 16 editor Gutierrez, and the publishing company, alleging that the article had damaged the king’s reputation.
The court ruled that there had been “an interference with the fundamental right to respect for the king’s reputation.” It also found that the title of the article had been tendentious and noted a 1996 court ruling that the drug traffickers in question had no connection with the Domaines Royaux company.
Gutierrez and Diario 16 were ordered to pay a fine and publish the ruling in the newspaper.
After a number of failed appeals, including to the Spanish Supreme Court, Gutiérrez, a long-time member of the International Press Institute [IPI], pursued his appeal all the way to the Strasbourg-based Court of Human Rights in April 2007, supported along the way by the International Press Institute (IPI) and other press freedom organisations.
In its ruling, the Court noted that, “whilst the headline had been designed to attract the reader’s attention, the information in the body of article was true,” and published in good faith.
It ruled that “the restriction on the applicant’s freedom of expression had not been proportionate to the potential seriousness of the damage to the reputation in question.”
In an Email to IPI, Gutierrez said: “This ruling of the European Court of Human Rights is a great example of support for freedom of speech and press, precisely at a time when the democratic press in the world is coming under attack by totalitarian and undemocratic forces. The pressure and denunciation by international organizations of Press Freedom, starting with the magnificent IPI, has been fundamental. Their support has certainly been of great importance to members of the tribunal.”
IPI Director David Dadge said: “We hope that this will lead to all European countries removing any remaining insult laws. This will prevent individuals from outside the region using these laws to silence the legitimate reporting of journalists working in democratic countries.”
In July 2004, IPI wrote to the Spanish Supreme Court to criticize the Court’s dismissal of Gutierrez’s appeal.
To read the letter, please click this link:
http://www.ifex.org/spain/2004/07/23/ipi_criticises_supreme_court_s/
To read other statements related to IPI’s involvement in the case, please click the links below:
http://www.ifex.org/spain/2007/05/08/five_ifex_members_urge_echr_to/
http://www.ifex.org/spain/2006/03/01/wpfc_urges_senate_committee_to/
***For further information, please contact:
Anthony Mills
Press & Communications Manager
International Press Institute (IPI)
Tel: + 43 1 512 9011
Fax: + 43 1 512 9014
E-mail: [email protected]
http://www.freemedia.at
