The Spanish Supreme Court has issued a historic and unprecedented decision in favor of the Citizens Commission for Human Rights (CCHR), an organization linked to the Church of Scientology, against the Spanish Society of Psychiatry (SEP). The SEP had attempted to silence the CCHR’s virulent criticism of certain psychiatric practices, but the Court ruled that such criticism is a matter of public interest and is firmly protected by freedom of expression.
Key points of the decision:
General interest :
The Court firmly affirmed that publications criticizing certain psychiatric practices are of “undoubted public interest”. Public debate on issues such as involuntary confinement, the use of psychotropic drugs, and electroconvulsive treatments is absolutely essential in a democratic society.
Freedom of expression :
The CCHR’s harsh, shocking, and uncompromising criticism is protected by freedom of expression. The Court emphasized that freedom of expression also covers the most disturbing and controversial ideas.
Extensive Documentation:
The CCHR provided extensive documentation (over 15,000 pages) proving the existence of an intense and legitimate debate on psychiatric practices. UN reports were used to highlight the importance and validity of this debate.
Specific Reviews:
The CCHR has accused some psychiatrists of criminal behavior and ethical abuses with tangible evidence. The CCHR’s publications have included documentaries and pamphlets that denounce these practices in a detailed and forceful manner.
Right to Honor vs. Freedom of Expression:
The Court considered that the Provincial Court of Madrid had correctly weighed the conflict between the right to honour and freedom of expression, in favour of the latter. The right to openly and firmly criticise psychiatric practices is thus firmly confirmed.
This Supreme Court decision marks a resounding victory for human rights advocates and reaffirms the supremacy of free speech in public debate on issues of public concern. In addition, this decision creates a powerful precedent, making it virtually impossible for psychiatric associations to sue the Church of Scientology for similar criticism in the future.
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