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Tuesday, 22 November 2016

Good judgment on the right to free speech of LGBT communities

The Court delivered (finally!) a decent judgment in a case I have been involved in - KAOS GL v. Turkey - concerning the restrictions placed on a magazine published by well known LGBT organisation discussing pornography and its place in the lives of LGBT people, justified on the basis of criminal provisions banning obscene publications from public exposure. 
Violation of the freedom of expression due to restriction being totally disproportionate as well as sloppy reasoning. Important affirmation of right of LGBT communities to participate in public debate with issues related to their identity. 
Nevertheless, the court's view that some kinky paintings reproduced in the magazine (including a metaphorical depiction of painter having sex with his alter ego) may potentially justify some degree of censorship, without meaningful analysis, as well as its glossing over extensive evidence of this case being part of a wider campaign by Turkish authorities to stifle LGBT activism, were disappointing.
All in all, an ok-enough ruling that may provide some momentary respite to hard-pressed activists in Turkey.
Link to judgment: HERE
Link to INTERIGHTS case page with additional info: HERE



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