morals. Similar provisions can be found in various conventions and treaties
that provide for the right to freedom of expression. Though these provisions
seem clear, what constitutes a justifiable limitation to the right to freedom of
expression in terms of the above covenants has been interpreted differently in
different jurisdictions. Unfortunately in some jurisdictions the limitations have
been interpreted broadly thereby severely limiting the right to freedom of
expression and consequently artistic freedom.
Comparatively, the European Court on Human Rights (ECtHR) finds that even
if the speech shocks or offends it can be protected speech; defamation of a
public official or a well-known celebrity is often a protected speech because for
a democracy it is important to discuss public matters and to have alternative
opinions. In 1986 the ECtHR in the case of Lingens v Austria decided that a
politician should accept more criticism than ordinary people, and cannot make
a journalist not criticize him, by referring to the necessity to protect his
reputation. Consequently, libel laws which allow the prosecution of journalists
who criticize public personalities shall be balanced with freedom of the press.
In this landmark Lingens case, the European Court stated that:
Freedom of the press affords the public one of the best means of discovering
and forming an opinion of the ideas and attitudes of political leaders. More
generally, freedom of political debate is at the very core of the concept of a
democratic society ... The limits of acceptable criticism are, accordingly, wider
as regards a politician as such than as regards a private individual. Unlike the
latter, the former inevitably and knowingly lays himself open to close scrutiny of
his every word and deed ... and
he must consequently display a greater degree
of tolerance.81 The Radio programs in
Rwanda on, ‘Radio Mille Collines’ which
fuelled the Genocide in 1994 provide proof that freedoms should be
exercised with responsibility and restrictions. But, these
restrictions shall be
grounded by legitimate reasons, which shall be examined by courts.
Lingens v. Austria, Application no. 9815/82, Judgment, Strasbourg, 8 July 1986, available
on
http://portales.te.gob.mx/internacional/sites/portales.te.gob.mx.internacional/files/CASEOF
%20%20LINGENS%20v%20AUSTRIA.pdf accessed 7 July 2015
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