What Is Article 10 ECHR? Freedom of Expression
Learn what Article 10 ECHR protects in A Level Law, why freedom of expression is a qualified right, and how to assess lawful, proportionate restrictions in exams.
Article 10 of the European Convention on Human Rights (ECHR) protects freedom of expression: the freedom to hold opinions and to receive and share information and ideas. It covers speech, writing, journalism, art and protest, including views that others may find unpopular or offensive. For A Level Law, the key point is that Article 10 is a qualified right: it can be restricted, but only when the restriction is justified.
When can expression be restricted?
Under Article 10(2), a restriction must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society. Legitimate aims include protecting national security, preventing crime, and protecting the reputation or rights of others. A restriction must also be proportionate, meaning it must not go further than needed to achieve its aim.
For example, suppose a council stops a peaceful demonstration because its signs criticise council policy. Preventing criticism simply because it is embarrassing would not, by itself, justify the restriction. In an exam answer, you would consider whether the council had a legal basis for acting, what legitimate aim it claimed, and whether stopping the whole demonstration was proportionate. Relevant evidence of a genuine risk of disorder could change the assessment.
Exam focus
In the UK, the Human Rights Act 1998 requires public authorities, such as councils, to act compatibly with Convention rights unless legislation requires otherwise. Article 10 may also need to be balanced against other rights, such as the right to respect for private life under Article 8.
Common mistake: Do not say that Article 10 protects every form of expression without limits, or that an authority can restrict speech merely because it dislikes the message. Apply each part of the Article 10(2) test to the facts.
