Article 10 Eval

Question 1

provides protections for what is seen as important democratic right - effective

Answer 1

“bedrock of any democratic nation” (Lingens)

Allows for debates which promotes democracy. Effectively a.10 protects freedom of press and narrow margin means authorities are prevented from taking away investigative journalism.

Effective is reduced due to lack of legal aid available for citizens.

Question 2

Qualified right - ineffective

Answer 2

Interference justified if it is necessary (Handyside) proportional and in pursuit of legitimate aim

Means article is not always protected, as it needs to be balanced with community. Many opportunities to restrict it as well, seen in things like Theatres Act

Also fact that state can impose licensing conditions on broadcasting shows clear example of states ability to limit article

Question 3

High and low values of expression - ineffective

Answer 3

Causes certain types of expression to be prioritized

Mainly seen with commercial and artistic expression due to wide margin.
Can cause inconsistencies across nations as certain states will allow more forms of expression
e.g. s.12 HRA values artistic

However allows ECHR to adapt to different situations and different states have different cultures so can be seen as reasonable

Question 4

“offend, shock and disturb” - effective

Answer 4

Appear to be protected and pressure group “Liberty” state it is important for article to protect both popular and unpopular expressions

Means that multiple opinions are allowed and can potentially allow for social advancements and protection of minority groups.

However needs to be balanced against whether state can restrict under legit aim as some expressions which may be too shocking