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OTTO-PREMINGER-INSTITUT v. AUSTRIAPARTLY DISSENTING OPINION of Mrs. J. LIDDY

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Document date: January 14, 1993

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OTTO-PREMINGER-INSTITUT v. AUSTRIAPARTLY DISSENTING OPINION of Mrs. J. LIDDY

Doc ref: • ECHR ID:

Document date: January 14, 1993

Cited paragraphs only

PARTLY DISSENTING OPINION of Mrs. J. LIDDY

I have had the benefit of reading Mr. Ermacora's partly

dissenting opinion, with which I am in broad agreement.

The fair descriptions of the film he gives and the considerations

he puts forward in that opinion have, however, led me to the conclusion

that the seizure answered a pressing social need for the "prevention

of disorder" in the locality at the relevant time, rather than being

necessary for the protection of the "right of others". The risk of

outraged protests, demonstrations or other disturbances in Innsbruck

at the relevant time outweighed the interest in giving an audience to

a film that conveyed a high degree of intolerance and contempt for the

religious convictions of others.

On the other hand, even allowing for the margin of appreciation,

the permanent forfeiture of the film was not necessary for the

protection of disorder and I have voted with the majority on this

issue.

APPENDIX I

HISTORY OF PROCEEDINGS

Date Item

_________________________________________________________________

6.10.1987 Introduction of the application

2.12.1987 Registration of the application

A. Examination of Admissibility

5.3.1990 Commission's decision to invite the

Government to submit observations on the

admissibility and merits of the application

and a copy of the film

25.5.1990 Government's observations

5.7.1990 Applicant's observations in reply

12.10.1990 Submission of a copy of the film

7.1.1991 Commission's decision to appoint a

delegation to attend a screening of the

film

15.1.1991 Screening of the film before the delegation

16.1.1991 ) Delegation's deliberations and report to

17.1.1991 ) the Commission

12.4.1991 Commission's decision to declare the

application admissible and to view the film

in plenary session

B. Examination of the merits

5.7.1991 Screening of the film before the full

Commission in the presence of the parties'

representatives

5.11.1992 Receipt of further observations from

applicant association

7.1.1993 Commission's deliberations on the merits

and final votes

14.1.1993 Adoption of the Report

APPENDIX III

Summary of the contents of the film taken from the

Regional Court's trial record of 10 October 1986

The film begins with a curtain raiser on the life of the author

Oscar Panizza.

Act I:

Scenes from Panizza's trial. As the prosecuting lawyer addresses

the court bells can be heard in the background.

Act II:

Takes place in heaven. An angel, the dead soul of a 14 year-old

girl who has committed suicide tells how she was sold by her mother for

carnal purposes and was thereby destroyed. The cherubim present and

other dead souls find this tale diverting.

God the Father is brought on, propped up by two angels. He is

portrayed as an infirm old man, spitting, burping, bellowing and

calling upon God. He summons his heavenly messengers to report on

conditions on earth.

Act III:

The heavenly messengers report on conditions on earth, for

example in Italy: "Colossal penises are borne through the streets as

deities, surrounded by maidens dancing, and worshipped as all-powerful

idols. And in Church I saw your priest rutting in front of the altar

with a whore"."

On hearing this, God the Father cries, "I shall destroy them

all!". Yet because of his age he is no longer able to do so and has

Mary the Mother of God and the Son of God summoned. As they appear a

church choir sings Ave Maria in the background. A white dove also

appears, which lands on the head of God the Father.

The Son of God is portrayed as a Mummy's boy of low intelligence,

who can only babble and repeat what God the Father has said. According

to the angels, he is "wounded" in the hands and feet. The Holy Family

begins to deliberate how to punish mankind.

God the Father: "A slough full to the brim with sinful men, who

shamelessly undo their clothes and mate like wild animals, knowing no

bounds ... for that the wrath of God shall fall upon them!"

The Virgin Mary: "If we don't let them fuck, they'll hang

themselves from the next tree". God's wrath increases: "I wish to

trample them underfoot, to dash them to pieces, to tear them limb from

limb, to grind them to powder in the mills of my wrath".

Act IV:

The celebration of the Eucharist is mocked on a grand scale. The

Son of God says, "They eat me and become healthy again, free from sin

and wickedness. And we are destroyed all the more. First those below

stuff themselves full of sin, to bursting point, then they consume me

and prosper. They become rich and free from sin."

In a scene opposing above "heaven" and below "earth" the Holy

Family sees the Pope as the image of God the Father amongst other

things in a circle of naked nuns. They are dismayed and call in the

Devil to help. God the Father is at first incapable of parleying with

the Devil and asks the Son of God to do so, but Jesus breaks down,

calling out "Mummy".

The Virgin Mary then undertakes to persuade the Devil to help,

using her womanly wiles. She offers herself to him. "Dear friend, we

need your help. It is not necessary for anyone to know that you, dear

friend, have stuck your tail in this matter".

Act V:

A degree of erotic tension arises between the Virgin Mary and the

Devil, causing the Son of God to call out helplessly, "Daddy, Daddy".

The Devil suggests inflicting syphilis on mankind, so that man

and woman will infect each other. The Holy Family agrees, so long as

mankind remains "capable of redemption" and "in need of salvation" and

is not destroyed utterly.

The task still appears too complicated to the Devil, whereupon

God the Father himself attempts to persuade him to accept the task.

He crawls on the floor in front of the Devil, hauls himself upright on

him and exchanges a deep kiss with him. During this time, the Son of

God attempts to fondle and kiss his mother's breasts. She lets him do

so.

The Devil finally accepts the task. The Virgin Mary is thrilled

with the way the Devil describes how he will accomplish the task. She

asks how the Devil is and asks after his grandmother and his boys. His

acceptance is celebrated with a banquet, to the sound of bells. God

the Father, the Virgin Mary and Jesus applaud the Devil.

Act VI:

The Devil complains that those above get away with everything and

those below with nothing. They only call upon him when they need help.

He takes himself off to Hell to seek a poison which will not destroy

mankind totally but will drive men mad. "It has to be a fine,

insidious, slow-acting poison, which will affect man's descendants

after him. The poison also has to issue from the summit of delight,

from the pleasures of love, from the most innocent and most exquisite

bliss, from the ecstasy of love ...."

Act VII:

Whilst the Devil is seeking the poison, the Virgin Mary whiles

away the time by having a lewd tale read to her. She urges the reader

to come "to the point" and there is no doubt she means the sexual act.

Act VIII:

The Devil finally finds the embodiment of evil in the person of

Salome. His mating with her produces "his daughter", who is to spread

syphilis amongst mankind.

The Devil presents his daughter to Mary the Mother of God. The

Virgin Mary, jealous of the girl's beauty, first shows anger at the

Devil's disrespectful mode of address. "What did you say! Eternal

Virgin! Get it into your head, you arsehole, it is Most Blessed Mother

of God. Honour where honour is due!" The Virgin Mary does not believe

that this pure, lovely creature will bring mankind to an abject end.

However, the Devil sends his daughter forth, first to the Pope's Court,

then to monasteries and nunneries and finally to the rest of humanity.

Act IX:

Court scene as in Act I. Panizza is sentenced. In his speech

in his own defence he says, "Accursed be he who calls upon you, shall

we say, to digest thoughts. You butcher him in the most gruesome

manner. Thus your revenge is complete. Unless he were to become a

Catholic! If someone crawled with you to the Cross, if someone went

through all that with you, then he was allowed to do anything,

anything, anything, just anything!"

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