ARTICLE 10 FREEDOM OF

EXPRESSION

NAME MEHTAB GUL JUNEJO

ROLL NO. 01-177181-028

 ARTICLE 10 FREEDOM OF
EXPRESSION
INTRODUCTION:-
Freedom of expression is broadly known as the fundamental right in
a liberal, democratic society. There are, however, important and
legitimate reasons why freedom of expression may need to be
restricted in order to protect other important rights and freedoms
such as the right to a fair trial or to private life. Article 10 establishes
in its first paragraph a general right to freedom of expression and
then, in its second paragraph, identifies the only basis upon which
the right can be restricted. The necessity for such restrictions must
be established by the state and must be subject to scrutiny by the
courts.
 UNIVERSAL DECLARATION OF HUMAN
RIGHTS (UDHR)

ARTICLE 19
Everybody has the option to opportunity of sentiment
and articulation; this privilege incorporates
opportunity to hold assessments without obstruction
and to look for, get and grant data and thoughts
through any media and despite boondocks.
 INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS (ICCPR)
ARTICLE 19
 Everybody will reserve the option to hold conclusions without obstruction.
 Everybody will reserve the option to opportunity of articulation; this privilege will
incorporate opportunity to look for, get and give data and thoughts of different sorts,
paying little respect to boondocks, either orally, in composing or in print, as
craftsmanship, or through some other media of his decision.
The activity of the rights accommodated n section 3 of this article conveys with it
exceptional obligations what's more, obligations. It might in this manner be dependent
upon specific confinements, yet these will just be for example, are given by law and are
vital:
(a) for regard of the privilege or notorieties of others;
(b) for the assurance of national security or of open request, or of general wellbeing or
ethics.
 ARTICLE 10 GENERAL ISSUES
 IMPORTANCE
 GENERAL STRUCTURE
 ROLE OF THE COURT
 THE SCOPE OF ARTICLE 10(1)
Freedom to receive information
Freedom of the media
Responsible journalism
Protection of sources
 RESTRICTIONS UNDER ARTICLE 10(2)
Duties and responsibilities
Prescribed by law
The limits to political speech: hate speech, racism,
incitement
 Political outcomes which would violate human
rights
 Advocacy of political violence
 hate speech
 Human rights act 1998
ARTISTIC EXPRESSION

There is no expressed protection for artistic speech in article 10 (unlike article 19(2) ICCPR
which protects a person’s freedom of expression ‘orally, in writing, or in print, in the form of
art or through any other media of his choice). Nevertheless, the court of human rights has
made it clear that the protection of article 10(1) extends to artistic works; both the freedom to
create artistic works and the freedom to disseminate them through exhibitions and other
methods.
COMMERCIAL EXPRESSION

Commercial speech, such as that found in catalogues or advertising, is capable of

protection under article 10 (1). However, the court of human rights accepts that states have a
very wide margin appreciation over The need for restrictions. Speech which is entirely or
predominantly commercial enjoys only a low level of Protection; it is a relatively easy for the
authorities to show that the public good requires restriction on Speech. If commercial speech
also has political overtones, then it will enjoy greater protection, as in Barthold vs germany
(1985) 7 EHRR 383.
 CONCLUSION
THERE IS NO ABSOLUTE FREEDOM
OF EXPRESSION
ANY QUESTION

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