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New Handbook on Protecting the right to freedom of expression under the European Convention on Human Rights

Strasbourg 21 July 2017
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New Handbook on Protecting the right to freedom of expression under the European Convention on Human Rights

This handbook, authored by Dominika Bychawska-Siniarska, a human rights lawyer specialising in freedom of expression in Poland and central and eastern Europe, is produced by the Human Rights National Implementation Division of the Directorate General of Human Rights and Rule of Law.

It examines the scope and content of freedom of expression as guaranteed in particular by Article 10 of the European Convention on Human Rights and as interpreted by the case law of the European Court of Human Rights.

The primary responsibility for applying Convention guarantees lies at the national level. The aim is thus to provide a practical tool for legal professionals from the Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights case law in domestic law and practice.

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Freedom of expression Freedom of expression

“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 public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”

Article 10 of the European Convention on Human Rights

Freedom of expression by Nicolas Vadot Freedom of expression by Nicolas Vadot

"Everyone has the right to freedom of expression"

Art. 10 European Convention on Human Rights

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