Facts

The appellant, X., published an article in the weekly magazine "B." with a photomontage depicting the respondent, Y., alongside Adolf Hitler. The article compared the campaign methods of party Z. to those of the German National Socialists. The Valais Cantonal Court condemned X. for defamation to 120 hours of community service. X. filed a criminal appeal, contesting his conviction for defamation.

The key facts are as follows

  • The appellant published an article with a photomontage depicting the respondent alongside Adolf Hitler.
  • The article compared the campaign methods of party Z. to those of the German National Socialists.
  • The Valais Cantonal Court condemned X. for defamation.
  • X. filed a criminal appeal, contesting his conviction for defamation.

Considerations

The Federal Court examined the question of whether the article and the photomontage were defamatory within the meaning of art. 173 SCC. It considered that the photomontage was injurious to the respondent's honor, as it suggested that the respondent sympathized with the Nazi ideology.

The Federal Court also examined the question of freedom of expression and considered that, even in a political debate, it cannot be accepted to compare a political opponent to the greatest criminal of the twentieth century. The protection of the person's…