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Nothing prevents someone from referring to themselves as a “victim” of Jehovah’s Witnesses or even describing the organisation as a “destructive cult,” a Spanish court has ruled in the name of freedom of expression, in a rare decision affecting a powerful religious movement that frequently files complaints against its critics.
A Madrid court upheld on April 16, on appeal, a lower court ruling in favour of the Spanish Association of Victims of Jehovah’s Witnesses (AEAVTJ), finding that the association’s name and the criticisms it makes do not constitute unlawful harm to the honour of the religious organisation, according to the ruling seen by Agence France-Presse.
In short, the court explicitly confirms the right to criticise and denounce the internal control mechanisms of this organisation.
Contacted by AFP, representatives of Jehovah’s Witnesses in Spain did not immediately respond.
Describing Jehovah’s Witnesses as a “destructive cult,” an individual’s official statement that they are a “victim” of the group, and the creation of an association called “Victims of Jehovah’s Witnesses” fall under the umbrella of freedom of expression, according to the court decision, which upholds a lower court ruling from late 2023.
“Even if it is unpleasant or harmful” for the religious movement, freedom of expression still applies even when it is argued that belonging to Jehovah’s Witnesses “harms health, endangers lives, or creates victims,” the ruling emphasises.
Founded in the 1870s in the United States by Charles Russell, Jehovah’s Witnesses consider themselves the only group restoring Christianity to its original roots.
“God is dead”
Jehovah’s Witnesses are regularly accused of cult-like practices due to their strict principles, and the organisation does not hesitate to sue those who denounce its practices.
In this case, six Spanish Jehovah’s Witnesses had filed a lawsuit against AEAVTJ, challenging the use of the word “victims” in the association’s name and demanding its dissolution.
“This is the first time that in a country it has been upheld that a religion can be labelled a ‘destructive cult,’ even if it is properly registered as a religion,” Carlos Bardavío, a lawyer representing victims of Jehovah’s Witnesses, told AFP.
“There is no need to read Nietzsche, Schopenhauer, or Hegel,” he explains, referring to Nietzsche’s famous statement that “God is dead.” “Now we can say, ‘I believe Jehovah’s Witnesses are a destructive cult,’ without fear of prosecution.”
According to the lawyer, this ruling, which can still be appealed to Spain’s Supreme Court, has “international implications,” especially if Jehovah’s Witnesses take the case to the European Court of Human Rights (ECHR) and it upholds the Spanish court’s decision.
The court based its ruling in particular on internal documents of the organisation, allegedly confidential and intended for leadership figures, as well as testimony from eight former members.
Samuel Ferrando, president of AEAVTJ, told AFP he was “very satisfied” with the decision: “Justice validates our voice and our right to identify ourselves as victims. And it confirms that many of their practices indicate they can be characterised as a dangerous cult.”
“Until now, any media outlet that dared to call them a cult risked being sued by Jehovah’s Witnesses,” he stressed.
“Before, there was no official entity representing the victims of Jehovah’s Witnesses, and when we created a legal association, with its statutes, they (Jehovah’s Witnesses) considered it an attack against them,” he added, noting that since the initial ruling, other associations had been created “in Mexico and Argentina.” His association, founded in 2019, now has 740 members, some of whom are still Jehovah’s Witnesses.