The Spanish Supreme Court has issued a historic and unprecedented ruling 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 these criticisms fall within a debate of general interest and are solidly protected by freedom of expression.
Key points of the decision:
General interest :
- The Court firmly affirmed that publications criticizing certain psychiatric practices are of “undeniable general interest”.
- Public debate on topics such as forced internment, the use of psychotropic medications, and electroconvulsive treatments is absolutely essential in a democratic society.
Freedom of expression :
- 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 has provided abundant documentation (more than 15,000 pages) proving the existence of an intense and legitimate debate on psychiatric practices.
- UN reports have been used to highlight the importance and validity of this debate.
Specific Criticisms:
- The CCHR has accused some psychiatrists of criminal behavior and ethical abuses with tangible evidence.
- CCHR publications included documentaries and brochures denouncing these practices in detailed and impactful ways.
Right to Honor vs Freedom of Expression:
- The Court considered that the Madrid Provincial Court had correctly weighed the conflict between the right to honor and freedom of expression, in favor of the latter.
- The right to openly and firmly criticize psychiatric practices is thus firmly confirmed.
This decision by the Supreme Court marks a resounding victory for human rights defenders and reaffirms the supremacy of freedom of expression in public debates on issues of general interest. Additionally, this decision creates powerful case law, now making it nearly impossible for psychiatric associations to attack the Church of Scientology for similar criticisms in the future.
Published originally at Almouwatin part of the BXL Media Group.