Freedom of expression

Question 1

What?

Answer 1

1. Information and ideas that are favorably received
2. Information and ideas the offend, shock, disturb
3. All forms of expression, through any medium:
   - Including advertisement
   - MoA depends if it concerns the public interest (narrow MoA) or not (wider MoA)
4. There is legitimate interest if it contributes to the public debate - Press as a watchdog (duty to impart info., public has a right to receive, press is bound to journalistic ethics). Otherwise violation
5. Denial of the holocaust does not have FoE

Question 2

Who?

Answer 2

1. Politicians, persons who knowingly open themselves to public scrutiny
2. Public servant - Balance between public v. individual integrity
3. Citizens - Fully protected

Question 3

How do you evaluate whether freedom of expression can be limited?

Answer 3

Freedom of expression can be limited under art. 10(2) and is evaluated based on:

1. Value judgements:
   - Not susceptible to proof
   - Does not have to be backed up with facts
2. Statements of facts:
   - Susceptible to proof
   - Defendants should be given the chance to do so
3. Research:
   - In good faith
   - Diligent
4. Does it contribute to a debate of public interest?

Question 4

What about incitement to hatred and hate speech?

Answer 4

Interference can be justified, but not in itself is against the Convention.

1. Audience:
   - Well-informed - Not incitement
   - Not well-informed - Incitement
2. Context:
   - Conflict and tension - Media must be more responsible
3. Public interest:
   - Vertical attack - Wide boundaries
   - Horizontal attack - Narrow boundaries
4. Does not require an explicit call for violence, it can also just ‘entail’ attacks by:
   - Insulting
   - Holding up to ridicule or slandering specific groups

Question 5

Freedom of religion

Answer 5

1. Belief/conscience - If there is an internal conviction - Absolute prohibition! But it’s not like one can forbid you to believe though…
2. Manifestation thereof (external) - Limitable by article 9(2)
3. Must attain a certain level of coherency, seriousness, cohesion and importance (not just an idea/opinion)
4. Must be important to the individual

Question 6

Freedom of assembly

Answer 6

1. What is an association?
   - Political parties
   - Trade unions
   - Other associations
2. The right to choose whether or not to form/join associations
3. Citizens should be able to create a legal entity in order to act collectively in a field of mutual interest
4. Right to:
   - Form an association
   - Be recognized as such in the domestic legal order
5. Autonomous meaning

Question 7

Can a political party be dissolved?

Answer 7

Refah Partisi v. Turkey - To come to power, a political party must:

1. Use legal means
2. Respect the fundamental principles of democracy

Otherwise it can be dissolved - Only if it poses an imminent threat!

Question 8

How can your freedom of assembly be limited?

Answer 8

Lashmankin and Others v. Russia:

1. The right to freedom of assembly includes the right to choose the time, place and manner of conduct of the assembly.
2. Dispersing a demonstration solely because of no prior authorization is illegal
3. Society must have a certain degree of tolerance towards disruption of ordinary life
4. The state can limit the time and location of the assembly - For a good reason though, which must be proven