“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 a public authority and regardless of frontiers.”
Or so says article 10 of the European Convention on Human Rights. But just how applicable is this and what, if any, limitations are there? The convention itself does go further to explain that freedom of expression comes with responsibilities and a few caveats which we’ll take a look at.
Offensive Speech
Just because you find it offensive doesn’t mean it can’t be said. The beauty of a democracy like the one we see in the UK is that everyone is allowed to speak their mind and view their opinions on a matter. Free expression applies not just to ideas that people like, but also to ideas which offend, shock or disturb.
That’s not say that we can all walk around and say absolutely anything we want to other people though. If what you are saying could be perceived to incite violence towards another group of people or an individual, then the government are within their rights to prevent you from saying it. This can apply to an array of characteristics including religious beliefs, sexual persuasion and race which are protected under law.
Public Interest
Freedom of speech doesn’t only apply to individuals, it’s also applicable to the press who’s job it is to inform the public of stories in the national interest. This can include political news, local news and celebrity news to name a few. Again, that’s not to say that they can write anything they want. If they write anything that could incite hatred, they can be prevented from writing it. There are also a few other areas where the courts can step in and prevent the media reporting.
A good example would be court cases involving young children. Under section 39 of the Children and Young Persons Act 1933, in relation to any court proceedings, other than criminal proceedings, a judge may give a direction prohibiting the publication of the name or details which would lead to the identification of a child or young person involved. These reporting restrictions exist to protect the privacy of vulnerable young people.
Likewise, if the story the paper wants to publish has no public interest whatsoever, the subject can request the courts to block it. A good example being a famous person engaging in a private sexual encounter in the privacy of their own home. Matters like this have already been blocked by the courts as “There is no public interest… in publishing kiss-and-tell stories… simply because the persons involved are well-known; and so there is no right to invade privacy by publishing them”. Coincidentally, the Convention on Human Rights also protects an individuals right to privacy and family life.
