Broad definition of ‘political’ speech PDF

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This document provides: Broad definition of ‘political’ speech supported by Steel and Morris v United Kingdom (2005) 41 EHRR 22, General principles, and Election restrictions...

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Broad definition of ‘political’ speech

Political speech is given a very broad definition. It is not confined to party political matters but includes information about, and comment on, matters of general public interest. The political or public dimension to speech can trigger Article 10 protection even if there may be other aspects to it (such as commercial self-interest) which, without the political aspect, might make restriction easier to justify. Political marches, meetings, demonstrations, and other types of political activity can be forms of ‘expression’ and so within the scope of Article 10; if ‘peaceful’ they may also be within the scope of Article 11.

Steel and Morris v United Kingdom (2005) 41 EHRR 22

S and M published leaflets which made serious allegations against McDonalds who sued them for libel. The main point of the case deals with whether they had a fair trial given the absence of legal aid. The failure to provide legal aid, therefore, was also a breach of Article 10.

General principles General principles that the Court follows in assessing the need for restrictions of political speech include the following: •Freedom of expression is recognised as an essential condition of a ‘democratic’ society, as that term is understood by the Court.

• The courts, not the authorities, have the last word on whether or not a restriction on political speech is ‘necessary’; such restrictions must be subject to the closest scrutiny by the Court. • Pluralism, the recognition that different people have different standards, means that Article 10 must protect ideas and expressions even if they ‘offend, shock or disturb’ the majority of respectable citizens.

Election restrictions

Freedom of expression can be restricted in the context of elections. The aim is to achieve a ‘level playing field’ on which political parties can set the political agenda at election time, present their policies, and compete for votes. The law can be used to try to ensure that, at election time, the political agenda is not hijacked by wealthy and powerful pressure groups. This is a complex matter....