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Legal Terms - freedom of expression
A right delineated in Article 10 of the *European Convention on Human Rights and the *Human Rights Act 1998. In the pivotal case Handyside v UK (1976) 1 EHRR 737, the European Court of Human Rights asserted 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 individual…”It applies not only to 'information' or 'ideas' that are positively received or deemed inoffensive or neutral, but also to those that offend, shock, or disturb. Such is the requirement of pluralism, tolerance, and broadmindedness, which are essential for a 'democratic society.' Convention jurisprudence assigns varying significance to distinct forms of expression. Political speech, being of paramount significance, is likely to receive far higher protection than commercial speech, which is of lesser importance. Freedom of expression is a conditional right.
A right delineated in Article 10 of the *European Convention on Human Rights and the *Human Rights Act 1998. In the pivotal case Handyside v UK (1976) 1 EHRR 737, the European Court of Human Rights asserted 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 individual…”It applies not only to 'information' or 'ideas' that are positively received or deemed inoffensive or neutral, but also to those that offend, shock, or disturb. Such is the requirement of pluralism, tolerance, and broadmindedness, which are essential for a 'democratic society.' Convention jurisprudence assigns varying significance to distinct forms of expression. Political speech, being of paramount significance, is likely to receive far higher protection than commercial speech, which is of lesser importance. Freedom of expression is a conditional right.
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