Article 10.1
Everyone has the right to freedom of expression which includes…
1) The freedom to hold opinions
2) To receive and make known information and ideas without interference by public authority
What doesn’t A10 stop states from doing?
Imposing regulations that require broadcasting, television and cinema companies to obtain licenses before they can produce/publish.
Why do media companies need to obtain licenses before they can produce or publish content?
So that content is regulated and so that public interest obligations are met
Article 10.2
Although you have a right to freedom of expression, you also have a duty to behave responsibly and to respect other people’s rights.
Public authorities may restrict this A10.1 if they can show that their action is prescribed by law, necessary in a democracy and proportionate to fulfil a legitimate aim of A10.2
Legitimate Aims of A10.2
In the interests of national security
In the interests of territorial integrity (the borders of the state) or public safety
The prevention of disorder and crime
The protection of health and morals
To protect the rights and reputations of other people
To prevent the disclosure of information received in confidence
To maintain the authority and impartiality of judges
What does A10.2 allow?
Countries to have some discretion in how they interpret laws related to freedom of expression. This discretion applies both to those making and interpreting laws but the margin of appreciation is not unlimited.
Obligations of states
Under A10, states must not indoctrinate citizens, discriminate on grounds of opinion or force disclosure of opinion.
What must states promote?
Balanced views and foster equality
For a public authority to restrict a person’s A10 rights, what must they show?
That their actions were ‘proportionate’ to the threat and no more than necessary to address the issue concerned
3 Key Provisions of A10
1) Freedom to hold opinions
2) Freedom to communicate information and ideas (Jo Cox case)
3) Freedom to receive information and ideas (Guerra v Italy)
Freedom to hold opinions
We have a negative freedom to not be forced to communicate his or her opinions
Freedom to communicate information and ideas: expression
1) Political expression
2) Artistic expression
3) Commercial expression
4) Civil or public interest expression
5) Political opinions
6) Hate speech
Freedom to receive information and ideas
This includes the right to gather info and seek info through lawful sources, including international television broadcasts and the internet.
It allows the media to communicate such information and ideas to the public, as they have a right to be adequately informed.
The state has no positive obligation to provide information
