15- Article 10 ECHR: the right to freedom of expression

Question 1

What does Art 10 say?

Answer 1

“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart info and ideas without interference by public authority (…)”

It is a qualified right

Question 2

How might the state be able to interfere with Article 10?

Question 3

What are the 3 components of Art 10?

Answer 3

1. freedom to hold opinions
2. freedom to communicate info and ideas
3. freedom to receive info and ideas

Question 4

What are the key points of ‘freedom to hold opinions’?

Answer 4

1. Possible restrictions to this right do not apply, as they will be inconsistent with the nature of a democratic society.
2. This means state cannot indoctrinate or distinguish between people holding one opinion or another.
3. An individual’s freedom of opinions includes negative freedom of not being forced to communicate their opinions.

Question 5

What does ‘freedom to communicate info and ideas’ include?

Answer 5

Includes the right to ‘offend, shock and disturb’.

Therefore freedom of expression extends beyond inoffensive material.

Question 6

What types of expression does ‘freedom to communicate info and ideas protect?

Answer 6

1. Freedom of the press
2. Political expression
3. Civil/public interest expression
4. Artistic expression
5. Hate speech or incitement to hatred

Question 7

Name a key case relating to ‘freedom to communicate info and ideas’ and what does it show?

Answer 7

Handyside v UK (1976)

Illustrates how this right includes the right to ‘offend, shock and disturb’.

Facts:
- Mr Handyside had published a ‘Little Red Schoolbook