Article 10: Freedom of Expression Lecture Notes

These flashcards cover key concepts and case law related to Article 10 of the European Convention on Human Rights, focusing on freedom of expression and its limitations.

What does Article 10 of the ECHR guarantee regarding freedom of expression?

Everyone has the right to freedom of expression, including the freedom to hold opinions and to receive and impart information without interference.

What are the conditions under which the freedoms in Article 10 may be limited?

The exercise may be subject to formalities, conditions, restrictions, or penalties as prescribed by law, necessary in a democratic society, and for legitimate aims.

What case established that freedom of expression includes ideas that may offend or shock?

Handyside v. UK (1976) established that freedom of expression applies to ideas that offend, shock, or disturb.

What does the term 'positive obligations' refer to in the context of Article 10?

It refers to the duty of states to protect individuals' freedom of expression.

What type of speech receives the highest level of protection under Article 10?

Political speech receives the highest level of protection because it is essential for a democratic society.

What is the significance of Lingens v. Austria (1986)?

The ECtHR ruled that freedom of expression in political debate should allow criticism of government officials without legal consequences.

What is defined as hate speech under the ECHR?

Hate speech refers to speech that incites violence or discrimination against individuals or groups based on characteristics like race, religion, or ethnicity.

What was the outcome of the Garaudy v. France (2003) case regarding Holocaust denial?

The ECtHR ruled against Garaudy, stating that freedom of expression is not absolute and can be restricted when it incites hatred or denies widely accepted historical facts.

What are the limits placed on commercial speech under Article 10?

Commercial speech can be restricted for consumer protection, public health, and safety.

In the Delfi AS v. Estonia case, what was the ruling regarding online platforms and user-generated content?

The ECtHR upheld that Delfi AS was liable for not removing defamatory comments, reinforcing the responsibility of online platforms.

How does the ECtHR view the relationship between freedom of expression and privacy rights?

The relationship is complex, and both freedoms can conflict, as seen in cases where journalists' rights to source confidentiality clash with public authorities' investigative needs.

What principle is the basis for legal restrictions on expression according to the ECHR?

Restrictions must be based on a pressing social need and proportional to the aim pursued.

What is the principle of 'margin of appreciation' in the context of Article 10?

It allows national authorities discretion in determining the extent to which expression can be restricted based on cultural and societal norms.