The European Court of Human Rights (ECHR) rejected a complaint from Carl Jóhann Lilliendahl, who was convicted for homophobic hate speech by the Supreme Court of Iceland. Carl Jóhann made homophobic comments in response to an online article in April 2015 and was eventually fined ISK 100,000 (around €800 at the time). The ECHR unanimously declared Carl Jóhann’s application inadmissible.
Comments Ruled “Serious, Severely Hurtful, and Prejudicial”
In April 2015, the local authorities of Hafnarfjörður, Southwest Iceland, approved a proposal to strengthen education in elementary and secondary schools on lesbian, gay, bisexual or transgender matters in co-operation with the National Queer Association (Samtökin ‘78). The decision led to substantial public discussion which Carl Jóhann became involved in. The case concerns comments he wrote in response to an online article on the issue, expressing his disgust and using derogatory words for homosexuality, namely kynvilla (sexual deviation) and kynvillingar (sexual deviants).
Samtökin ‘78 reported Carl’s comments to the police. Following an investigation, he was indicted in November 2016 under Article 233 (a) of the General Penal Code which penalises publicly mocking, defaming, denigrating or threatening a person or group of persons for certain characteristics, including their sexual orientation or gender identity. Though he was acquitted at first instance, in December 2017, the Supreme Court overturned the court’s judgment and convicted him, fining him ISK 100,000.
The Supreme Court found that the applicant’s comments were “serious, severely hurtful and prejudicial,” and weighing up the competing rights at play in the case, ruled that it was justified and necessary to curb the applicant’s freedom of expression in order to counteract prejudice, hatred and contempt and protect the rights of social groups which have historically been subjected to discrimination.
Argued Freedom of Expression Was Breached
Carl Jóhann lodged a complaint with the ECHR alleging that the Supreme Court’s conviction had breached his freedom of expression. The ECHR has now rejected the complaint, finding, like the Supreme Court of Iceland, “that the comments had promoted intolerance and hatred of homosexuals,” according to a press release from the Court. The release goes on to say that, although the comments did not amount to the “gravest” form of hate speech as it was not immediately clear that they had aimed at inciting violence, they fell under the court’s definition of “less grave” hate speech, which the court has previously held that states were allowed to restrict.
The ECHR found that the Supreme Court of Iceland “had extensively weighed the competing interests at stake, namely the applicant’s right to freedom of expression against the rights of homosexual persons to private life. The Court therefore found that the applicant’s complaint […] was manifestly ill-founded and rejected it as inadmissible.”