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Id
122
Title
Patrício Monteiro Telo de Abreu v. Portugal
Date
06/07/2022
Country
PORTUGAL (Europe)
Adjudication body
European Court of Human Rights
Case number
42713/15
Main themes
Defamation
Respect for private life
Type of expression
Cartoon or caricature
Cartoon or caricature 2
Parody or pastiche
Political humor 2
Sexual, LGBTQ+, or gender humor
Website, blog, or online media
Decision direction
Expands expression
Outcome note
Violation of Article 10
Link to analysis
Summary
The applicant was a member of a political party, municipal councillor, and adviser to his party’s parliamentary group. Following a blog that he had written he was convicted and fined for aggravated defamation and ordered to pay a fine for damages to Ms. EG, also a municipal councillor. He had published three cartoons by a local artist depicting a donkey in a suit, a be-stockinged sow with blonde hair and bare breasts surrounded by naked pigs wearing CMR (Municipality of Rondônia) armbands.
Ms EG lodged a criminal complaint against the applicant, the artist and the editor of the newspaper because of her portrayal in the cartoons which she considered implied she was debauched, sexually voracious and in a relationship with a colleague.
The Court found that the domestic courts did not take into consideration the context of the cartoons or taken into account the Court’s case-law on political satire and thus found a violation of Article 10.
There is an interesting concurring judgment in this case with regard to the stereotyping of women in politics.