Published on 13 June 2022

FIRST SECTION

Application no. 47833/20 Amvrosios-Athanasios LENIS against Greece lodged on 23 October 2020 communicated on 24 May 2022

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s criminal conviction, Metropolitan of Kalavryta and Aigialeia, for an article he published on his personal blog, in which he criticised homosexuals on the occasion of discussion in the Hellenic Parliament of the law providing for the civil union for same-sex relationships. The article included expressions such as “those who experience or support homosexuality... are scums of society”, “homosexuality is deviation from the law of nature”, “when you meet them, spit on them. Do not let them rear their heads”. The applicant was convicted to a suspended seven-month prison sentence for incitement to violence.

QUESTIONS TO THE PARTIES

1. Has there been an interference with the applicant’s freedom of expression within the meaning of Article 10 § 1 of the Convention? If so, was that interference necessary in terms of Article 10 § 2?

2. In particular, did the applicant’s words amount to hate speech and/or incitement to violence? To what extent are the duties and responsibilities inherent in the applicant’s profession and social role relevant to his claim and the State’s margin of appreciation in this field?