The European Court of Human Rights (ECHR) on Tuesday dismissed Éric Zemmour's complaint against his 2017 conviction for inciting discrimination and religious hatred against the French Muslim Community.
As French domestic courts had already ruled, the EU court found that the far-right politician, pundit, and presidential candidate had made claims that could inflame tensions surrounding the Muslim community in France.
A statement by the ECHR justified Zemmour's conviction on the grounds that this was necessary "to protect the rights of others which were at stake."
ECHR sides with French courts
The Criminal Court in Paris had penalised Zemmour for inciting discrimination and hatred after he appeared on the popular television programme C à vous in September 2016. On the programme, Zemmour made sweeping claims against the French Muslim community, portraying Muslims living in France as "colonisers" and "invaders" on a mission to "Islamise" the country. He stated that they should make "a choice between Islam and France."
In June 2017, Zemmour was initially fined €5,000 for inciting discrimination and hatred on grounds of origin and religion. However, the Paris Court of Appeal reversed parts of the verdict and reduced the fine to €3,000.
Zemmour challenged the verdict, arguing that his statements had been an issue of public interest and therefore within the scope of freedom of expression. Yet the ECHR ruled that the French courts had a "wide margin of appreciation to impose restrictions".
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"The aggressive, sweeping assertion that France was being 'colonised by Muslims' had been deployed with discriminatory intent and not for the sole purpose of sharing an opinion about the rise of religious fundamentalism in France’s peri-urban neighbourhoods," a statement by the Court read.
The ECHJ ruled that Zemmour's sentence and €3,000 fine was "not excessive" and was justified in interfering with his right to freedom of expression.
Contradictory appeal
Zemmour's appeal to the ECHR is somewhat contradictory given his previous protest against "those judges who trample on democracy," including the ECHR.
"In the name of the rule of law, the judges who the media regard as being wise – namely, the European Court of Human Rights, the European Court of Justice and the Constitutional Council – impose their ideology to political ends," he said in Le Point in October 2018.
It isn't the first time Zemmour has come to blows with the judicial system: he was previously sentenced for "provoking racial discrimination" on 18 February 2011 after saying that "most traffickers are black or Arab, that's just how it is" on Canal+ television in March 2010.
On 17 January 2022, he was found guilty of inciting "hated and violence" with "public insults towards a group of people because of their origin". He had described unaccompanied minors as "thieves", "rapists" and "murderers" in November 2020.
