Article 10 of European Convention on Human Rights

Article 10 of the European Convention on Human Rights (ECHR) protects the right to freedom of expression. This article is central to the protection of democratic values and individual liberties and encompasses various forms of expression, including speech, writing, art, and the right to receive and impart information and ideas.

Article 10 – Freedom of Expression
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.

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.

Freedom of expression: Article 10 establishes the right of every individual to express their opinions, ideas, and information freely, without undue interference from public authorities. This encompasses a wide range of forms of expression, including spoken or written words, artistic works, and the dissemination of information.

Right to receive and impart information: This article not only protects the right to express oneself but also includes the right to receive and impart information and ideas. It underscores the importance of a free and open exchange of information in a democratic society.

Limitations on freedom of expression: While Article 10 guarantees the right to freedom of expression, it allows for certain limitations on this right under specific conditions. Any limitations must be prescribed by law and necessary in a democratic society. Permissible reasons for limitations include national security, public safety, the prevention of disorder or crime, and the protection of the rights and reputation of others.

Balancing rights: Courts, including the European Court of Human Rights, often engage in a balancing exercise when assessing cases related to Article 10. They weigh the individual's right to freedom of expression against other competing interests, such as national security, public order, or the protection of individuals' rights and reputations.

Media and journalism: Article 10 plays a crucial role in protecting the freedom of the press and the work of journalists. It allows for the reporting of news and information without undue censorship.

Duties and responsibilities: The exercise of the right to freedom of expression comes with duties and responsibilities, as outlined in the second paragraph of Article 10. This means that individuals must use their right responsibly and within the bounds of the law.

Article 10 of the ECHR is a cornerstone of democratic societies in Europe, ensuring the protection of the freedom of expression and the free flow of information and ideas. It is a fundamental human right that underpins democratic debate, pluralism, and the exchange of diverse viewpoints.