Article 10 essay:

• The final argument relating to article 10 is the argument for freedom of speech. One of the

  advantages of this is that Freedom of expression is fundamental to the proper functioning of a

  democratic state and cannot be underestimated. This is because is allows individuals to

  participate fully into the process of debating and challenging ideas and approaches to politics and

  law making. This was shown in Lingens V Austria where the court stated that freedom of speech

  is the cornerstone of a democratic society.
• However one of the drawbacks is that when the right

  to give information is restricted so too if the right of others to be able to listen. This is why the

  right is very broad and may contain information that others may find sensitive of shocking. Where

  boundary lies between ‘shocking and offensive’ and ‘unlawful’ is problematic though and difficult

  for judges to have to decide upon. This was shown by the comment stated by Jo Brand’s

  offensive joke about the custard tarts being thrown by a protestor onto Nigel Farrage.
• The final argument relating to article 10 is the argument for freedom of speech. One of the

  advantages of this is that Freedom of expression is fundamental to the proper functioning of a

  democratic state and cannot be underestimated. This is because is allows individuals to

  participate fully into the process of debating and challenging ideas and approaches to politics and

  law making. This was shown in Lingens V Austria where the court stated that freedom of speech

  is the cornerstone of a democratic society.