Devout Christian Finnish MP Päivi Räsänen will take her ‘hate speech’ conviction for “insulting a group” to the European Court of Human Rights (ECHR), setting up a test of how far free speech and religious expression are protected under European law.
Finland’s highest court, the Supreme Court, found the 66-year-old grandmother of 12 guilty in March by a narrow 3–2 majority, of disseminating a 2004 pamphlet to her religious community.
In that text, Dr. Räsänen, who’s a medical doctor, outlined the Christian conception of marriage as a union between a man and a woman and questioned certain practices from that doctrinal perspective.
“The failure of the Finnish Supreme Court to uphold freedom of speech has set a dangerous precedent in my country and across Europe,” she said.
“I FEEL IT IS MY DUTY TO APPEAL THIS DECISION”
“I feel it is my duty to appeal this decision, to reinstate respect for the basic human right that all are free to peacefully express their views in the public square,” announced the veteran MP and former Interior Minister.
“I know I am not alone in facing unjust persecution under ‘hate speech’ laws that make sharing Christian beliefs a criminal offence.”
“I make my appeal in the hope that the European Court of Human Rights will recognise that peacefully expressing one’s beliefs is never a crime, and ensure that this basic freedom is protected for all.”
WHAT THE FINNISH COURTS RULED
The Supreme Court ruling acknowledged that the content did not include incitement to violence or threats, but concluded that it is “insulting” to a group based on sexual orientation.
In 2022 and 2023, two lower courts acquitted Dr. Räsänen who has been an MP for 31 years, of all charges.
The prosecution appealed twice until the Supreme Court agreed to review the case.
The result was a split decision: unanimous acquittal for a tweet — considered protected by freedom of expression — and conviction for the pamphlet, because its continued public availability made it subject to criminal sanction.
BACKGROUND TO VETERAN MP’S 7-YEAR LEGAL ORDEAL
The origin of the case dates back to 2019 when Dr. Räsänen published a tweet in which she criticised her church’s decision to support a Pride event, accompanied by a biblical quotation.
The prosecutor then opened an investigation that was later expanded to include the 2004 pamphlet and a radio program appearance.
What began as a reaction to a specific message ended up becoming a long-running criminal case.
It has lasted nearly seven years.
A EUROPEAN LEGAL CONFRONTATION OVER LIMITS OF FREE EXPRESSION
The conviction relies on Finnish ‘hate speech’ legislation, embedded in the criminal code under the heading of crimes against humanity.
The Supreme Court itself admits that the conduct is not “particularly serious”, yet imposes fines of several thousand euros and orders the removal and destruction of the content deemed unlawful.
The appeal to the Strasbourg-based ECHR shifts the case into the European human rights system, where judges will assess whether the conviction is compatible with protections for freedom of expression and religion.
This case has gone from being a national proceeding to becoming a European legal confrontation over the real limits of freedom of expression and religion.
OPENS DOOR TO JUDGING PAST EXPRESSIONS THROUGH THE LENS OF THE PRESENT
The European Conservative writes: “This is where the past connects with the present.”
“A text published two decades ago, in a different legal context, ends up being sanctioned based on its current interpretation and its later dissemination.”
“It is not only what was said that is judged, but how it is read today. “
“This is perhaps one of the most concerning elements of the case, as it opens the door to judging past expressions through the lens of the present, whatever those expressions may be.”
“THIS CASE EXPOSES THIN RED LINE BETWEEN DIRECT HARM AND OFFENCE”
“Across several European Union member states, hate speech laws have expanded in recent years, with broader and, at times, far more vague and flexible definitions,” The European Conservative continued
“In Finland, even establishment figures have questioned whether the law is sufficiently precise, raising concerns about how consistently it can be applied.”
“When everything can potentially be treated as hate speech, freedom of expression becomes restricted.”
“The Räsänen case is of extreme importance because it exposes the thin red line that currently exists between direct harm and offence at the EU level, specifically.”
WHAT THE EUROPEAN COURT WILL HAVE TO DECIDE
“That is the axis on which the European Court of Human Rights will have to rule.”
“Its decision will not be merely technical,” writes The European Conservative.
“It will determine whether the European public space remains structured around the freedom to confront ideas or evolves toward a model where certain positions are excluded, not for what they provoke, but for what they represent.”
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