Limitations On The Right To Hate Speech Essay

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In this essay I will be discussing the limitations on the right to freedom of expression (FOE) in regards to hate speech under Article 10 (Art. 10) in the case law of the European Court of Human Rights (ECtHR). Under Art. 10 it allows us the right to a FOE that allows us to hold an idea and ensures we are able to freely express our opinions and thoughts, however, there are certain limitations that prevent us from freely disclosing our opinions which is a crucial part to protect our democratic society. Art. 10 provides an individual the right to gain access to material handled by the government which obligates the government to allow public individuals to gain access to the information with some limitations. An example of this would be the…show more content…
Another reason is by giving individuals the right to freely express their opinions, this encourages their development, by enabling them to discuss freely with each other their ideas and opinions, which is an essential process and can only succeed with a setting without any interferences from the government. I will now discuss the limitations in general to FOE. First and foremost, FOE is not an absolute right, therefore the right to FOE can be taken away at any time by the government. However, the limitations are there to protect several parties. Firstly, the limitations protect the rights of others, examples of this would be defamation of privacy, reputation, protection of minors or the right to a fair trial, by prohibiting certain information being leaked about for example a celebrity which may breach their right to privacy or ruin their reputation it protects that individual, this was shown in the cases of Jameel v Wall Street Journal Europe Sprl [2006] UKHL 44, Actions for defamation Loutchansky v Times Newspapers [2001] 4 All ER 115.Limitations allow the protection of national security or public order. An example of this would be the case Klass and Others v Germany. The limitation allows protection of government or military secrets from being published for the sake of law enforcement. All restrictions on FOE must be necessary and proportionate with the requirements of a democratic society. FOE may be suspended if there is fear of

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