- The Federal Court also condemns Alain Soral for homophobic statements. It thus confirms the conviction by the lower court in the canton of Vaud.
- Soral made discriminatory comments towards a journalist in a film on the Internet and called for hatred because of her sexual orientation.
- The Federal Court partially approved the complaint regarding the penalty.
The conviction of Soral, whose real name is Alain Bonnet, is based on Article 261 of the Criminal Code. Since July 1, 2020, the provision also regulates the criminal liability of discrimination or incitement to hatred based on the sexual orientation of a person or group of people.
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According to a Federal Court ruling published on Thursday, the reason for the filmed interview was a previously published, critical newspaper article by the journalist. The Frenchman says in the interview that the article was written by a “queer activist” and that he now stands as a defender of the Swiss soul and spirit against an extreme minority. “Queer” means twisted. With his worldview, he thinks he is more of a fighter for peace and brotherhood than a “fat activist lesbian.”
This is how the Federal Court justifies its decision:
According to the Federal Court, Soral’s choice of words was aimed at the woman’s sexual orientation and not generally at her gender identity. He did not use the terms queer and lesbian in a value-neutral way. With the derogatory term “twisted” and the term “fat lesbian,” he invited Internet users to despise the journalist, particularly because of her sexual orientation.
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The Federal Court writes: “Overall, there can be no doubt that the complainant’s message was aimed at arousing and fomenting feelings of hatred based on sexual orientation. In order to interpret his message, the cantonal court was also allowed to take into account the reactions on the Internet in order to understand the effect of his words on an average third person. There is also no objection to the cantonal court’s finding that he acted with intent.
The Federal Court partially approved the complaint regarding the penalty. For procedural reasons, the fine of 30 daily rates for slander that was legally imposed in the first instance remains, combined with a prison sentence of 40 days for discrimination and incitement to hatred.
Legend:
Soral is a dual French-Swiss citizen and lives in Lausanne. (Image: 09/27/23)
KEYSTONE/Laurent Gillieron