‘Taking jokes seriously’: Establishing a normative place for satire within the freedom of expression analysis of the European Court of Human Rights

Satire is a form of expression which tackles complex, contemporary issues in nuanced, jesting spirit. Vitally, it does so through humour and provocation. This article demonstrates why we should not place extensive limits on controversial satire. At the European Court level, this requires robust proportionality assessment each satirical expression, rather than granting wide margin appreciation to national authorities are more likely uphold restrictions. The definition satire Vereinigung Bildender Künstler (VBK) v Austria did go far enough ensure that treated as distinct category worthy higher protection at level. Moreover, Court’s worrying approach allows offence feelings justify restrictions, thus rests precarious position. remedies deficiency by elucidating clearer reasoning for protecting offered VBK, while providing rigorous framework assessing restrictions satire, order provide limited, well-reasoned exceptions.