Libertad de expresión e insultos a la bandera nacional. Tribunal Europeo de Derechos Humanos. Sentencia -Sección Quinta- de 8 de junio de 2023. Fragoso Da Costa v. España (Demanda 27926/21)

Abstract

The ECHR Fragoso Dacosta v. Spain found Spain in violation of the right to freedom of expression recognised and guaranteed by Article 10 of the Convention, as a result of the conviction of a trade union representative for insulting the national flag at a military base during a protest over non-payment of wages. This conviction had been upheld by STC 192/2020, which did not consider that the expressions made were covered by the right to freedom of expression and ideology. The ECtHR ruled otherwise, taking into account the absence of hate speech or incitement to violence, the absence of disturbances or disorder resulting from such expressions and the fact that they were part of a debate on a matter of general interest.