"The Court considers that the interference with the exercise by the applicant of his right to freedom of expression was necessary in a democratic society in order to protect the rights of others", explains the ECHR.
The latter considers that the French courts have therefore not violated the freedom of expression of the candidate in the last presidential election.
The former journalist made these remarks on September 16, 2016, in the program "C à vous" broadcast live at 7:00 p.m. on France 5 as part of the promotion of his book entitled "Un quinquennat pour rien".
In particular, he considered that Muslims should be given "the choice between Islam and France" and that France had been living "for 30 years under an invasion", affirming that "in countless French suburbs where many young girls are veiled" was a "struggle to Islamize a territory", "a jihad".
He had been sentenced at first instance by the Paris Criminal Court to a fine of 5,000 euros for "incitement to discrimination, hatred or violence against a group of people because of their origin or their affiliation to a religion.
The sentence was reduced to 3,000 euros on appeal.
The Court of Cassation then dismissed his appeal.
The ECHR, the judicial arm of the Council of Europe, "considers that these remarks were not limited to a criticism of Islam but contained, given the context of terrorist attacks in which they took place, a discriminatory intention to nature to call listeners to the rejection and exclusion of the Muslim community".
"Given the State's margin of appreciation in the present case, and the applicant's order to pay a fine of 3,000 euros, which is not excessive, the Court is convinced that the The disputed interference (in Eric Zemmour's right to freedom of expression, editor's note) was proportionate to the aim pursued," said the Strasbourg-based court.
© 2022 AFP