| 释义 |
freedom of expression
A right set out in Article 10 of the European Convention on Human Rights and the Human Rights Act1998. In the key case Handyside v UK (1976) 1 EHRR 737, the European Court of Human Rights declared that: “Freedom of expression constitutes one of the essential foundations of a democratic society, one of the basic conditions for its progress and for the development of every man…it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb…such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’.” Convention jurisprudence gives different weight to different kinds of expression. The most important expression—political speech—therefore is likely to be protected to a much greater extent than the least important—commercial speech. Freedom of expression is a qualified right. |