Information Note on the Court’s case-law 243

August-September 2020

De Pracomtal and Fondation Jérôme Lejeunev. France (communicated case) - 34701/17 and 35133/17

Article 10

Article 10-1

Freedom of expression

Video promoting continuation of pregnancy following Down syndrome diagnosis excluded from television advertising slots: communicated

As a follow-up to World Down Syndrome Day the appli cant association arranged for an awareness-raising video entitled “ Chère future maman ” (“Dear Future Mom”) to be broadcast free of charge by three television channels. The video showed children and young adults with Down Syndrome, including the first appli cant, evidently enjoying life.

In response to a number of complaints the national broadcasting authority ( Conseil supérieur de l’audiovisuel – “the CSA”) wrote to the television channels concerned informing them that the video could not be broadcast during advertising breaks. The CSA explained that, under the regulations, free broadcasts such as those benefiting charitable organisations were not permitted, with the exception of “public interest” messages. The video in question, which took the form of a resp onse to the fears of a pregnant woman who had received a pre-natal diagnosis of Down Syndrome, conveyed an ambiguous message which was the subject of debate and was liable to trouble the conscience of women who, while complying with the abortion legislatio n, had made different personal choices. The CSA considered that the message, in so far as it sought to combat the stigmatisation of persons with a disability, could have been conveyed successfully by being placed more fully in context within an appropriate setting, for instance as part of a television programme. An appeal against that decision was dismissed by the Conseil d’État .

Communicated under Article 10 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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