Burning King’s Picture Is Free Speech, European Court Warns Spain

Burning King’s Picture Is Free Speech, European Court Warns Spain


Enric Stern, left, and Jaume Roura during their trial in Madrid in 2007. Spain fined them for insulting the monarchy, but a European Union court overturned that verdict on Tuesday.

Fernando Alvarado/Reuters

The European Court of Human Rights said on Tuesday that Spain had wrongfully condemned two Catalans for publicly burning a photograph of the king and queen, saying that the act was justifiable political criticism.

In their unanimous ruling, the judges said they were “not convinced” that the burning “could reasonably be construed as incitement to hatred or violence.”

The decision from the European court, which is based in Strasbourg, France, comes as Spain has mounted a series of challenges to freedom of expression by social media users as well as rappers and other artists. Many of them have been prosecuted on charges of violating antiterrorism laws introduced in 2015 by the conservative government of Prime Minister Mariano Rajoy.

The protest case, however, dates from 2007, when Catalan secessionism was still a fringe political movement. More recently, the northeastern region of Catalonia has become the epicenter of a territorial and constitutional crisis that culminated in a botched declaration of independence last October.

In September 2007, Enric Stern and Jaume Roura set fire to a life-size, upside-down photograph of the royal couple during a visit by King Juan Carlos I to the northeastern city of Girona.

The two men were initially sentenced to 15 months in prison for insulting the monarchy — a felony in Spain. The sentence was later reduced to a fine of 2,700 euros, or about $3,300, each. The defendants took their case to the European court after Spain’s Constitutional Court refused to hear their appeal. The European court ordered Spain to reimburse the fines imposed and pay for legal costs.

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