The case concerns a series of discriminatory articles published by an Armenian newspaper targeting LGBT rights activists. The European Court of Human Rights found violations of Articles 8 and 14 of the Convention. The essence of the decision is that Armenia failed to protect LGBT rights activists from hate speech and discrimination when a newspaper published articles calling them ‘enemies of the state’ and inciting discrimination against them based on their activism and perceived sexual orientation. The main provisions of the decision include:
- The Court found that Article 8 (right to private life) was applicable as the articles constituted serious attacks targeting the applicants’ psychological well-being, dignity and reputation
- Article 14 (prohibition of discrimination) was also applicable as the attacks were motivated by hostility towards the LGBT community
- The domestic courts failed to properly balance freedom of expression against protection from hate speech and discrimination
- Armenia lacked an effective legal framework to protect against homophobic hate speech and discrimination
- The Court awarded €2,000 to each applicant in non-pecuniary damages
The most important aspects for implementation are:
- States must provide effective legal protection against hate speech and discrimination based on sexual orientation
- Courts must properly assess discriminatory motives and balance competing rights when dealing with hate speech cases
- Civil remedies must be effective both in theory and practice in protecting against hate speech
- Media freedom does not protect speech that promotes hatred and discrimination against minorities
