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Defending environmental activists’ freedom of expression before the European Court of Human Rights
Mr Grégory THUAN DIT DIEUDONNE represented several environmental activists before the European Court of Human Rights who were prosecuted following actions known as ‘taking down’ presidential portraits, organised as part of the ANV-COP21 movement. These actions were intended to denounce what their organisers considered to be the inadequacy of public measures in response to the climate emergency.
The case raised a fundamental question for contemporary democracies: to what extent does freedom of expression protect forms of non-violent civil disobedience intended to alert public opinion to climate issues?
In its judgment of 3 July 2025, the Court recognised that the actions in question fell squarely within the scope of freedom of expression and formed part of a public debate on climate change, which it itself described as one of the most pressing issues of our time. It also emphasised the political, activist and non-violent nature of these actions.
However, the Court concluded, by a majority of five votes to two, that there had been no violation of Article 10 of the Convention, finding that the sentences imposed in France remained proportionate in light of the specific circumstances of the case.
This decision nonetheless represents an important step in the development of European case law on climate activism. The judgment indeed enshrines several key principles: enhanced protection for speech relating to climate change, the recognition of non-violent activist actions as a form of political expression, and the need for courts to carry out a thorough proportionality test when criminal proceedings interfere with freedom of expression.
Notably, two judges of the Court expressed a particularly strong dissenting opinion, considering that the contested convictions constituted an excessive infringement of the activists’ freedom of expression and highlighting the essential role of environmental defenders in democratic debate.
This case illustrates Mr Grégory THUAN DIT DIEUDONNE’s ongoing commitment to defending fundamental freedoms, whistleblowers and civil society activists before national and European courts, including where the issues raised lie at the intersection of environmental law, freedom of expression and the rule of law.