NGOs under European Convention on Human Rights / Tymofeyeva

2.6 Freedom of expression (Article 10) 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 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. 2.6.1 General overview In view of importance of the democracy, freedom of expression plays a central part in the protection of other rights under the Convention. 799 It is undeniable that without a broad guarantee of the right to the freedom of expression protected by independent and impartial courts, free countries may not exist. 800 Civil society more often than not presents its opinions by forming different kinds of groups, parties and associations. 801 For that reason, cases brought by Article 34 NGOs concerning this guarantee of the Convention are of high frequency. 802 Freedom of expression can be seen in two perspectives: as right in itself and as a component of other rights protected under the Convention, for instance, the freedom of assembly. Therefore, in some cases finding a violation of Article 11, the Court noted that is unnecessary to examine complaints under Article 10 of the Convention. 803 At the same time, the freedom of expression can conflict with other rights protected by the Convention, such as the rights to a fair trial, respect for private life, and freedom of conscience and religion. The relationship between “religious freedom versus freedom envisaged by Article 10” was the subject of examination of the Court in the case of Otto-Preminger-Institut v. Austria, 804 which will be discussed 799 HARRIS, 2009, cited above, p. 443. 800 MACOVEI, M. Freedom of expression : a guide to the implementation of Article 10 of the European Convention on Human Rights. Human rights handbooks, No. 2., 2nd edition, January 2004. Printed in Germany: Council of Europe, 2004, p. 6. 801 Even when applying to the Court. See Civil Society Calls on the ECHR’s Grand Chamber to Overturn Delfi v. Estonia Ruling (online). URL: accessed 20 July 2015. 802 TYMOFEYEVA, A. Výklad článku 10 Evropské úmluvy o lidských právech: aplikace principů na ne vládní organizace ve smyslu článku 34 Úmluvy . Výklad a aplikace mezinárodních smluv v průběhu času. Prague: Czech Society of International Law, 2014, p. 98. 803 Socialist Party, cited above; Socialist Party of Turkey (STP), cited above; United Communist Party of Turkey, cited above. 804 Otto-Preminger-Institut, cited above.

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