Article 10 - Freedom of expression

Question 1

What does article 10(1) say?

Answer 1

“Everyone has right to freedom of expression, including freedom to hold opinions, receive & impart information & ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises”

Question 1

What type of right is article 10?

Answer 1

Article 10 is a QUALIFIED right which requires balance between the rights of others.

Question 2

What did Handyside v UK 1976 say?

Answer 2

• This is one of the “essential foundations of a democratic society, a basic condition of that society’s progress, and for the development of every man”
• This article applies to information or ideas that offend, shock or disturb the state or any sector of the population, subject to restrictions in article 10(2)

Question 3

What does article 10(1) include?

Answer 3

1) Freedom to hold opinions
2)Freedom to impart information and ideas
3)Freedom to receive information and ideas
4)Without interference by public authority and regardless of frontiers.

Question 4

Article 10(2) says someones freedom of expression can be limited if it is:

Answer 4

1) in accordance with the law (national security; territorial integrity; public safety and prevention of crime and disorder)
2)In pursuit of a legitimate aim (protection of public health or morals or protection of reputation and rights of others).
3)Necessary in a democratic society (prevent disclosure of information received in confidence and maintaining authority and impartiality of the judiciary.

Question 5

Requirement 1 - Freedom to hold opinions

Answer 5

The state cannot limit this therefore article 10(2) doesn’t apply here.
The state cannot discriminate over peoples opinions in a democratic society.

Question 6

Requirement 2 - Freedom to impart information and ideas

Answer 6

The information shared here can be spoken word, written word, pictures or actions.
freedom to express and impart information covers:
a)Freedom of the press
b)Political and public expression
c)Artistic expression
d)High and low value expression
e)Hate speech

Question 7

2A - Freedom of the press:

Answer 7

Public and media must be able to comment on issues without hindrance.
s12(3) HRA 1998: Journalistic expression is seen as an extremely important form of expression.
This can be restricted if it leads to a risk to life or risk of harm - Thompson and Venables v News Group newspapers.

Axel Springer v Germany set out criteria for where balancing two articles where courts need to consider a range of factors.

Question 8

2B - Political expression

Answer 8

Necessary to have truly free elections but can be dangerous.
- Limits of acceptable criticism are wider for politicians (Lingens v Austria 1986)
- Vitriolic criticism of a government is also protected (Incal v Turkey 1998)
- Article 10 protects the use of offensive and shocking expressions (Jersild v Denmark 1992)

Question 9

2C - Artistic expression

Answer 9

Different states have a different idea of what this might mean so they are given a wider margin of appreciation when trying to restrict freedom of expression.
- Especially where it is obscene, offensive or blasphemous (Muller v Switzerland 1988)
- Cases will be decided on current standards of public morality.
-HRA 1998 - This section grants special importance to “journalistic, literary or artistic expression” in the UK so the UK will generally allow freedom of expression here.

Question 10

2D - High and low value expression

Answer 10

Different types of expression are at different levels of importance in the eyes of the ECHR -
Political expression - High value
Religious expression - High value
Public interest expression - High value
Narrower margin of appreciation for countries to impose their own rules here as the ECHR wants to ensure governments cannot restrict these expressions.
Commercial expression - Low value
Artistic expression - Low value
Wider margin of appreciation for low value so countries have more flexibility to impose their own rules in that area.

Question 11

2E - Hate Speech

Answer 11

Article 10 should protect freedom of expression even if that expression “shocks, disturbs or offends”.
Hate speech if not protected as it goes against the principles of the convention.
Garaudy v France

Question 12

Requirement 3 - Freedom to receive information and ideas

Answer 12

The public has the right to be properly informed. includes the right to find and gather info using lawful sources such as the internet/books.