Jersild v. Denmark

Abstract

24Human rights — Potential conflict between provisions of two instruments for the protection of human rights — Compatibility of domestic law provision enacted to implement UN Convention for the Elimination of All Forms of Racial Discrimination, 1965, with right to freedom of expression in European Convention on Human Rights — Need for European Convention to be interpreted so as to avoid conflict with UN ConventionHuman rights — Freedom of expression — Conviction for aiding and abetting the dissemination of racist statements — Discretion of the media to choose reporting techniques — Purpose of the broadcast taken as a whole — Public watchdog role of the press via news reporting based on interviews — Means employed by the government disproportionate to aim of protecting the rights or reputation of others — European Convention on Human Rights