Article 10: Freedom of Expression

Definition

Article 10 of the European Convention on Human Rights protects the right to freedom of expression, which includes the freedom to hold opinions and to receive and impart information without interference from public authorities. This right is fundamental in a democratic society, ensuring that individuals can express themselves freely while balancing it against necessary restrictions, such as those related to national security or public order.

5 Must Know Facts For Your Next Test

1. Article 10 allows for certain restrictions on freedom of expression if they are 'prescribed by law' and 'necessary in a democratic society.'
2. The European Court of Human Rights has established that freedom of expression includes not just information and ideas that are favorably received but also those that offend, shock, or disturb.
3. Cases involving Article 10 often revolve around the tension between freedom of expression and other rights, such as the right to privacy or protection against hate speech.
4. The notion of public interest is frequently a key consideration when determining whether a restriction on freedom of expression is justified under Article 10.
5. Article 10 has been invoked in landmark cases regarding press freedom, political speech, and artistic expression, showcasing its wide-ranging implications in various contexts.

Review Questions

• How does Article 10 balance the right to freedom of expression with the need for restrictions in certain circumstances?
  • Article 10 acknowledges that while freedom of expression is a fundamental right, it is not absolute. The article allows for restrictions if they are prescribed by law and deemed necessary in a democratic society. This balancing act ensures that while individuals can express their thoughts and opinions freely, there are safeguards in place to protect other societal interests, such as national security or public order.
• In what ways has the European Court of Human Rights interpreted Article 10 regarding hate speech and offensive material?
  • The European Court of Human Rights has established that Article 10 protects not only popular or agreeable expressions but also those that may be offensive or shocking. However, the Court has ruled that expressions which incite violence or hatred may not be protected under Article 10 if they threaten public order or violate the rights of others. This nuanced interpretation highlights the complexities involved when addressing hate speech within the context of freedom of expression.
• Evaluate the impact of Article 10 on media freedom and its role in safeguarding democracy in Europe.
  • Article 10 plays a crucial role in safeguarding media freedom, which is vital for the functioning of a healthy democracy. By protecting journalists' rights to report freely and without fear of censorship, Article 10 helps ensure that citizens have access to diverse viewpoints and critical information. The ability to express dissenting opinions without repercussions fosters an environment where democratic debate can thrive, making it essential for accountability and transparency within governmental institutions.

Related terms

European Convention on Human Rights:

An international treaty aimed at protecting human rights and fundamental freedoms in Europe, which established the European Court of Human Rights to enforce these rights.

Freedom of Speech: A broader concept that encompasses the right to express any opinions without censorship or restraint, often included under the umbrella of freedom of expression.

Proportionality Principle: A legal principle that requires any restrictions on rights, such as freedom of expression, to be necessary and proportionate to the legitimate aim pursued.