Article 10 of the European Convention protects individuals and legal entities. Protection applies not only to the content of the expression but also to the means through which that content is disseminated. The first case in which the Court established a violation of the right to freedom of expression was “Sunday Times”, i.e. the publisher of this magazine as a legal entity and several journalists as individuals. The Court stated that any restriction related to the means of information transmission infringes on the right to receive and provide information. The Court’s jurisprudence has protected various forms of communication, including oral, printed, and radio broadcasting, images, symbols, leaflets, protests, films, and electronic information systems.
This right includes not only information and ideas that are generally accepted but also minority understandings and attitudes that many may find offensive. It is precisely for this type of expression that this right is most important. It also includes a commercial presentation.
The state’s obligation to respect Article 10 also applies to the actions of all organs that make up the state apparatus, and the Court has found rights violations in these cases as well. These cases are related to parliament, government, courts, police, regulatory and disciplinary bodies and even state media. It is left to the contracting states to decide how they will fulfil their international obligations. All actors are still obliged to respect rights, regardless of internal constitutional arrangements such as the separation of powers in the federal state or constitutional protections for independent bodies such as courts and election commissions.
On the other hand, legal entities, such as private media, are not covered. The Court thinks private newspapers must have editorial freedom when deciding whether to publish articles, comments and letters submitted by individuals or their journalists. Also, the Court believes that the state’s obligation to provide individuals with freedom of expression does not give citizens or individuals an unfettered right to access the media to express their opinions.
B.P.