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Article 10: freedom of expression (Press as watchdog of democracy ("…
Article 10: freedom of expression
Broad scope
Hate speech not protected
Merely offensive speech not protected
Broad notion of interference: "Expression which spread, incites, promotes or justifies hatred based on intolerance"
Incitement to violence & hatred versus hate speech
Incitement is restriction, can be justified
Hate speech outside of scope Art 10
Press as watchdog of democracy
"Duty to impart info on matters of public concern"
Positive obligation state to protect pluralism
Positive obligation to create environment within which press can operate freely
Journalistic sources protected
MofA narrower for people in public eye
Factors to take into account
Nature of expression
Tv reportage for well-informed audience
Reporting in context of hatred & violence
Value judgments versus statements of fact
Extent of restriction
Form of expression: TV, radio more dangerous than writing
Broadcasting
Art 10 expressly allows licensing
Purpose of licensing can be broad
Limit: Right of others to receive information
Blasphemy & obscenity
Expression versus Religion
No right not to be insulted
Wide MofA (
Handyside
)
Severity of any penalty
Award of large damages can be violation of Art 10
Idem for disproportionate criminal sanctions
Confidential information
Limited R of acces to information recognised in
Hungary Helsinki Committee
Access required by court order
Access instrumental for application's R of freedom of expression
Legal aid to defend defamation proceedings
Whistleblowers
Right to blow whistle recognised in
Guja
Factors to take into account
Level of public interest
Authenticity of info
Whistle blower acted in good faith?
Alternative channels for disclosure?
Advertisements
Wide MofA for purely commercial ads
Narrower MoF is public interest pursued
Expression versus private life
Axel Springer
criteria
Content, form & consequence publication
Prior conduct of person
Contribution to debate of general interest
How well is person known & content of report
Method of obtaining info & veracity
Severity of sanction
Comments on internet platforms:
Delfi AS
v
MTE Index v Hungary
Context & content of the comments
Measures taken by applicant company & conduct of injured party
Liability of the actual authors of the comments versus liability platform company
Consequences of comments to injured party & to applicant
Freedom of expression v R to reputation (part of PL)