In 2009, an Austrian person who was prosecuted for using insulting statements to the Prophet Muhammad was fined in 2011 then she brought to the high court and the Supreme Court did not accept her objection. After all, the Austrian woman brought the case to the European Court of Human Rights (ECHR).
The European Court of Human Rights (ECHR) said that the woman's comments could not be covered by the freedom of expression, stating that it had found that "the applicant's statements had been likely to arouse justified indignation in Muslims" and "amounted to a generalization without factual basis."
"Mrs. S. appealed but the Vienna Court of Appeal upheld the decision in December 2011, confirming, in essence, the lower court's findings. A request for the renewal of the proceedings was dismissed by the Supreme Court on 11 December 2013," it said.
"Relying on Article 10 (freedom of expression), Mrs. S. complained that the domestic courts failed to address the substance of the impugned statements in the light of her right to freedom of expression."
On Thursday's ruling, the ECHR said it "found in particular that the domestic courts comprehensively assessed the wider context of the applicant's statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria."
"It held that by considering the impugned statements as going beyond the permissible limits of an objective debate, and by classifying them as an abusive attack on the Prophet of Islam which could stir up prejudice and threaten religious peace, the domestic courts put forward relevant and sufficient reasons," the court ruled.
ILKHA