الدعوة إلى مقاطعة المنتجات الإسرائيلية و ممارسة حرية التعبير : دلالات قضية بالداسي

Abstract EN

Following the participation of Baldassi and others in a campaign calling to boycott Israeli products, they have been convicted of incitement to discrimination.

However the ECt.

HR ruled that France violated the freedom of expression.

This article aims to highlight the provisions on which French courts were based in criminalizing the boycott, and the reasoning that led ECt.

HR to consider this boycott an exercise of freedom of expression.

The study has concluded that the activists were convicted under the French law of the press which does not mention ``economic discrimination``, and the judges have automatically applied the incitement to discrimination on the fact, without analyzing the motivates of the boycott concerning Israel's violations of human rights in the occupied Palestinian territories.

Furthermore, the prohibition of the boycott does not fall within the restrictions of art.

10§2 of the ECHR what makes the criminalization of such call an unjustified interference with the freedom of expression.