Case 48_86
48_86 interference
86. Government submit that the concepts of breach of the peace and contra
bonos mores as judicially defined are both compatible with the
requirements of Article 10 (Art. 10) of the Convention, and that
contemporary opinion in a free and democratic society which is party
to the Convention is unlikely to regard legitimate and peaceful
expression of ideas as being contra bonos mores. The Government liken
the notion to that of a statement which is defamatory, that is, one
which would lower a person's reputation in the eyes of right-minded
people in society. They accept that a finding of contra bonos mores
is not a conviction for a criminal offence under domestic law, but
consider the difference immaterial for the purposes of Article 10
(Art. 10). The Government underline that the only circumstances in
which the applicants could forfeit their recognizances are if they
breached the binding over order: that is a lawful order of a competent
court, and it is unlawful under domestic law to breach it. The