Freedom of Expression

 

 

“Freedom of expression”

You have the right to hold your own opinions and to express them freely without government interference.

This includes the right to express your views aloud or through:

• published articles, books or leaflets

• television or radio broadcasting

• works of art

• communication on the internet.

 

“Restrictions”

Although you have the freedom to express your views and beliefs, you have a duty to behave responsibly and to respect other people’s rights. Public authorities may restrict your right to freedom of expression if they can show that their action has a proper basis in law, and is necessary and ‘proportionate’ in order to:

• protect national security, territorial integrity or public safety

• prevent disorder or crime

• protect health or morals

• protect the rights and reputations of other people

• prevent the disclosure of information received in confidence

• maintain the authority and impartiality of the judiciary.

It may be permissible to restrict your freedom of expression if, for example, you express views that encourage racial or religious hatred.However, the relevant public authority must show that the restriction is ‘proportionate’, in other words the restriction must be no more than is necessary, appropriate and not excessive in the circumstances.

What the law says

Article 10: Freedom of expression

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 inference 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 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.