Facts

The FSCA has dismissed the appeal of [X.] against the judgment of the DFC of the Republic and Canton of Geneva which had convicted him for racial discrimination within the meaning of Art. 261bis para. 1 SCC. The essential facts are as follows: - On 17 June 2011, [X.] posted on the website of the movement [B.] a poster depicting a white character lying down, wearing a kippah and sidelocks, with an Israeli flag on his chest and an arrow piercing his face. The text stated "Save Switzerland... aim well...". - On 30 June 2011, the poster was modified to remove the kippah and sidelocks, and add text explaining that the image targeted Israel's policy and not Jews. - [X.] was convicted of racial discrimination by the Police Court, and then on appeal by the Cantonal DFC. - The FSCA dismissed [X.] 's appeal, finding that the initial poster constituted incitement to hatred or discrimination against persons of the Jewish faith, in violation of Art. 261bis para. 1 SCC.

Considerations

The FSCA considered that the addition of the kippah and sidelocks, elements specific to the Jewish religion, clearly positioned the debate on religious rather than…