Article 10 - Right To Fredom Of Expression

Question 1

What does ART 10 say?

Answer 1

• everyone has right to freedom of expression, this includes;
• hold opinions and to receive and impart information and idea without interference from public authority
• does not prevent states from requiring the licensing of broadcasting television or cinema enterprises

Question 2

Extent of art 10(1)

Answer 2

• broadly interpreted right (Handy-side v UK - fundamental right in a democratic society)
• means state can’t discriminate against people because of opinions that they hold (Vogt v Germany - teacher sacked for communist party)
• it applies without frontiers - expression can go beyond borders (Autrinic AG v Switzerland)

Question 3

Freedom to hold opinions:

Answer 3

• right to hold opinions in absolute
• state cannot limit this
• can limit ability to share opinions in certain situations
• Vogt v Germany

Question 4

ART 10;

Answer 4

• freedom to impart information and ideas is broadly interpreted, this includes things which might shock, offend, be unpopular or be controversial
• difficult things are covered by ART 10, but there state may be able to limit a persons right to share this using article 10
• Handy-side (publishing little red book about sex and porn for primary children in 1976) confirmed the book was covered by ART 10 but the state has acted lawfully in banning it.

Question 5

Situations covered by ART 10;

Answer 5

• speaking
• books, newspapers, magazine’s, leaflets
• drawing, film, music, dance, photography, TV programmes
• expressing on social media
• marches, protests, campaigns

Question 6

Artistic expression

Answer 6

• important for individual expression and for communicating ideas
• the ECtHR made it clear states are allowed a wide margin of appreciation as there are different cultural values in different states
• Gibson v Sylviere - freeze dried foetus
• Otto-Preminger institute v Austria - banned film in catholic area
• Muller v Switzerland - paintings of sexual nature - protect morals - no breach of ART 10

Question 7

Freedom of the press

Answer 7

• Goodwin v UK - journalists cannot be forced to reveal their sources
• should be a free press to enable free expression and debate
• Axel Springer AG v Germany - stories published about well known actor about drug offences

Question 8

Freedom of political expression

Answer 8

• political debates and free democratic elections are the ‘backbone of democratic society
• provides a watch dog role on government
• ECtHR makes it clear that governments should be scrutinised by press and media
• Vogt v Germany - teacher sacked for communist party
• Ligens v Austria - wider criticism of positions are acceptable than critism of ordinary people
• Incal v Turkey - tells us ECtHR applies a narrow margin of appreciation for freedom of political expression

Question 9

Restrictions do ART 10

Question 10

English laws which would allow a limitation of ART 10:

Answer 10

• common law; breach of confidence, deformation, outraging public decency
• statues; obscene publication act 1959 and 1964, theatre act 1968, broadcasting act 1990, deformation act 2013, malicious communications act 1998 and protection from harassment act 1997