SLOVAK CASE STUDY Presented by: Dr. Šmigová Date: 8 December 2022 Overview - Interim measures (probability of imminent damage) • Freedom to hold opinion (art. 10 para. 1 ECHR) • Freedom to import information and ideas (art. 10 para. 2 ECHR) - District Court - Regional Court - Constitutional Court SLOVAK CASE STUDY (who) - Online active MP (FB statutes with 170.000 followers) SLOVAK CASE STUDY (against who) - Head of State (Slovak president) SLOVAK CASE STUDY (what) - Bilateral treaty (SVK - US) - 1 February 2022 • (The General Prosecutor's Office should immediately launch an investigation into whether Zuzana Čaputová is committing the crime of treason. There can be no greater proof than today's intercession) - 24 February 2022 (Russian invasion) - 26 February 2022 • (... her fascism. I publicly accuse President ... of the fact that she and her people are behind this insane attack on democracy and human rights.) SLOVAK CASE STUDY (decision) - No complete compliance of the submission (deletion of FB statutes) - Offensive in nature, but protected... - Nevertheless, the aim!: to evoke and incite strong negative emotions, while rational argumentation was largely absent - Accusation of particularly serious crimes and other defamatory accusations, in which the defendant's efforts to evoke strong negative emotions in his supporters towards the plaintiff are evident, cannot be defended by freedom of speech, as they lack objective, rational argumentation, or any effort to explain and prove the asserted facts - Threatening harm - Verification (MP -,,ordinary people") - Consequences (people coming in front of personal house, public 1 May celebration incitement...)