Responsibility And Freedom Of Speech Under Article 10

Freedom of speech is such a fundamental aspect of a free society that it is often used as a measure by which a society or State can be considered ‘free.’ However, untrammelled freedom of speech can impact directly on the rights and freedoms of others, for example, by protecting hate speech and undermining the rights and freedoms of those who belong to minority groups. Article 10, as a qualified right, can be limited, but it is also the only article which mentions the concept of responsibility. This work examines the concept of responsibility under article 10, arguing that a greater focus on responsibility would enhance the coherence of the Court’s freedom of speech jurisprudence, which currently lacks clarity. The jurisprudence relating to article 10 is examined, as well as the silencing provisions of Article 17 of the Convention, which prevent the exercise of rights to defeat the ends of the Convention itself.