Restricting Freedom of Expression for Religious Peace: On the echr’s Approach to Blasphemy

Abstract The ECtHR’s ruling in ES v Austria raises questions about the Court’s methodology blasphemy cases. ECtHR interprets Article 9 of Convention as including a right to respect for religious feelings and presumes that ‘justified indignation’ may disrupt ‘religious peace’. Therefore, expression counting ‘gratuitously offensive’ is not granted protection under 10. es reveals certain problems arise when criticism religion driven by hatred insult merges with political criticism. This article argues Strasbourg’s approach increases uncertainty boundaries free speech. terms feelings’ peace’ are scrutinised, context analysed. It concludes failing distinguish clearly between incitement hatred, upholding criminalisation questioning Prophet Muhammad’s morals, Court has jeopardised freedom Europe.