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Words: | Submitted: Tue Jun 20 2006
... of censorship is central to much debate surrounding the balancing of potential harm and freedom of expression. Freedom of speech is essential in a democratic society, so important that it has been entrenched as a basic human right under Article 10 in European Convention of Human Rights. Freedom of expression is a concept praised by many yet it is not widely appreciated that such freedom extends to material that is shocking or offensive. This was explored in Handyside V UK. 1 The applicant was convicted under The Obscene Publications Act 2 and claimed that his Article 10 right had been violated. In response the court stated: Freedom of expression constituted one of the essential foundations of a democratic society. Subject to Article 10(2) it applied to material which caused offence or shock. This was successful in securing the right to freedom of expression in the eyes of the law. An argument ...
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