Case 54_86
54_86 substantive_scope
86. Freedom of expression constitutes one of the essential foundations of
a democratic society and one of the basic conditions for its progress and for
each individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is
applicable not only to “information” or “ideas” that are favourably received
or regarded as inoffensive or as a matter of indifference, but also to those
that offend, shock or disturb. Such are the demands of pluralism, tolerance
and broadmindedness without which there is no “democratic society” (see
Handyside v. the United Kingdom, judgment of 7 December 1976, Series A
no. 24, p. 23, § 49, and Gerger v Turkey [GC], no. 24919/94, § 46, 8 July
1999, unreported).
Likewise, freedom of assembly as enshrined in Article 11 of the
Convention protects a demonstration that may annoy or give offence to
persons opposed to the ideas or claims that it is seeking to promote (see
Plattform “Ärzte für das Leben” v. Austria, judgment of 21 June 1988,
Series A no. 139, p. 12, § 32).