A court has acquitted the Flemish author and columnist Herman Brusselmans of inciting hatred and violence against Jews. The Jewish Information and Documentation Centre (JID) had taken legal action against Herman Brusselmans following a controversial column he wrote in the weekly magazine Humo last year. However, on Tuesday morning the court ruled that the author had “not exceed the boundaries of legality”.
The court said there no criminal offences had been committed and acquitted Herman Brusselmans of allegations that included Holocaust denial and inciting hatred and violence against members of the Jewish community. The judge also pointed to the right to freedom of expression. “The court recognises that certain members of the Jewish community could possibly take offence at phrases used in some columns, but stresses that the author's expressing his opinion is protected by the right to freedom of expression.’ The court referred to freedom of expression as being “one of the essential pillars of our democratic society”.
“He wished to express criticism in his well-known style, he wish to provoke, but he did not exceed the boundaries of what is punishable by law. The column does not show that he intended to incite hatred or violence against the Jewish community or to deny the Holocaust.”
The court also indicated that what is at stake is an author's artistic freedom. “He (Herman Brusselmans) also indicated in his texts that they should not be taken literally”, the judge said.