The journalist Jens Olaf Jersild was convicted in Denmark for aiding and abetting racist statements following a TV-interview with a racist youth group. He complained to the European Court of Human Rights, alleging a violation of Article 10 of the European Convention on Human Rights (ECHR) concerning freedom of expression.

The Court found that there had been an interference with freedom of expression, which was prescribed by law (Sections 266(b) and 23(1) of the Danish Criminal Code). The Court further found that the interference pursued the legitimate aim of protecting the reputation or rights of others.

Based on an overall proportionality assessment, the Court concluded that the interference was not necessary in a democratic society and therefore constituted a violation of Article 10 of the ECHR. The Court placed particular emphasis on the fact that the statements did not reflect the journalist’s own views, but that the purpose of the TV-program was to highlight racist tendencies in society, which was a matter of public interest.