Question: '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 man. Subject to paragraph 2 of Article 10, it is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive, but also to those that offend, shock or disturb the state or any sector of the population. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no democratic society.' Assess the accuracy of this statement.
Answer: The right to freedom of expression is probably the most universally accepted human right.(2) Certainly, it has been the subject of considerable caselaw under the European Convention of Human Rights.(3) Beginning with the Handyside case, the European Court has repeatedly underscored the fundamental importance of freedom of expression as a central pillar of democracy.(4) The opening sentence of the Handyside passage, quoted above, indicates the two underlying reasons why freedom of expression is considered to be essential.(5) Firstly, it is central to the functioning of a democratic society - political representatives can only understand and represent the views of their constituents through an open, two-way process of airing views, opinions and facts. Secondly, a person can only achieve se......(short extract)
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Details: - Mark: 70% | Course: Human Rights Law | Year: 2nd/3rd | Words: 5889 | References: Yes | Date written: November, 1997 | Date submitted: October 19, 2008 | Coursework ID: 119
