Petrov v. Russia: when satirical counter-narratives to discrimination (re)victimise vulnerable stigmatisation targets, does the European Court of Human Rights law meet lived experience?
摘要
In Petrov and earlier cases, the Court prioritised the right to satire weaponising negative stereotypes despite harm done to highly vulnerable communities. Recognising that harm, it deemed it an insufficient reason to curtail highly visible public interest satire. In Petrov, the Court refused to hear the case on its merits based on how unimportant it considered the target’s ‘understandable’ offence. In earlier cases, it penalised the authorities for listening to the affected communities’ dissent and disallowing hurtful caricatures and curbing digital VAWP. Conversely, contemporary standards require engagement with communities’ lived experience and victim-centric, victim-defined responses to discrimination. The ECHR right to humour should not cancel victims’ say on their own dignity.