Human Rights Act 1998, Article 10

Article 10 of the European Convention on Human Rights, incorporated by the Human Rights Act 1998, protects freedom of expression.

Article 10(1) — The Right

Everyone has the right to freedom of expression, including freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

Article 10(2) — Permitted Restrictions

Freedom may be subject to restrictions prescribed by law and necessary in a democratic society for: national security, public safety, prevention of disorder or crime, protection of health or morals, protection of reputation or rights of others, preventing disclosure of confidential information, or maintaining the authority and impartiality of the judiciary.

Key Cases

Handyside v UK [1976]: Freedom of expression protects not only inoffensive ideas but also those that offend, shock, or disturb.

Observer and Guardian v UK [1991]: Prior restraints on publication require the most careful scrutiny.

Practical Effect

Any restriction on speech must be: (1) prescribed by law, (2) in pursuit of a legitimate aim, and (3) necessary and proportionate. Article 10 provides the overarching framework for assessing all UK speech restrictions.