Freedom of expression

Article 10 of the Human Rights Act protects a right that’s fundamental to our democracy – our freedom of expression is fundamental to our democracy.

It means we’re free to hold opinions and ideas and to share them with others without the State interfering.

Liberty and other human rights groups have used Article 10 to challenge the UK Government’s mass surveillance – which scoops up all our correspondence, putting our rights to privacy, free expression and protest and our free press in jeopardy.

Article 10 also protects your right to communicate and express yourself in any medium – including through words, pictures and actions. It’s often used to defend press freedom and protect journalists’ sources.

This right covers:

• Political expression – including peaceful protests and demonstrations
• Artistic expression
• Commercial expression – particularly when it also raises matters of legitimate public debate and concern.
• The right to free expression would be meaningless if it only protected certain types of expression. So Article 10 protects both popular and unpopular expression – including speech that might shock others – subject to certain limitations.

Limitations

Article 10 may be limited in certain circumstances. Any limitation must:

• be covered by law
• be necessary and proportionate
• be for one or more of the following aims:
  • national security, territorial integrity or public safety
  • preventing disorder or crime
  • protecting health
  • protecting other people’s reputation or rights
  • preventing the disclosure of information received in confidence
  • maintaining the authority and impartiality of the judiciary.

When considering whether free expression should be limited, courts will question whether doing so could have a ‘chilling effect’ on free speech, the value of the particular form of expression and the medium used.

Limiting free expression usually involves restrictions on publication, penalties for publication, requiring journalists to reveal their sources, imposing disciplinary measures or confiscating material.