Article 10 ECHR


Article 10 ECHR

Article 10 of the European Convention on Human Rights provides the right to freedom of expression, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This right includes the freedom to hold opinions, and to receive and impart information and ideas.

cquote|Article 10 – Freedom of expression1

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

History

*John Wilkes' trial
*First Amendment to the United States Constitution
*John Stuart Mill, "On Liberty" (1859)
*"Fraser v. Evans" [1969] 1 QB 349, 360F-G, per Lord Denning MR, there is a “public interest that the truth should out” c.f. "Mosley v. News Group Newspapers Ltd"

Case law

*"Lingens v. Austria" (1986) 8 EHRR 407
*"The Observer and The Guardian v. United Kingdom" (1991) 14 EHRR 153, the "Spycatcher" case.
*"Jersild v. Denmark" (1994)
*"Bowman v. United Kingdom" (1998) 26 EHRR 1
*"Communist Party v. Turkey" (1998) 26 EHRR 1211
*"Appleby v. United Kingdom" (2003) 37 EHRR 38

ee also

*European Convention on Human Rights


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