European Court of Human Rights

Case Law - Freedom of Expression and Association

▮  Article 10: The Right to Freedom of Expression

- protected in both substance and form
  [eg. Oberschlick v. Austria (no. 1), 23 May 1991, §57, Series A no. 204].

- an essential foundation of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment
  [Steel v UK (1999) 28 HRR 603 §10].

▮  Article 11: The Right to Freedom of Assembly

- a "fundamental right in a democratic society and, like the right to freedom of expression, is one of the foundations of such a society"
  [Ziliberberg v Moldova (App. No. 61821/00, 5 May 2004) §2].

▮  Restrictions on those rights must accordingly be "narrowly interpreted" and "convincingly established" ...
  [Sunday Times v UK (No 2) (1992) 14 EHRR 229 §50(a)]

... a fortiori in the context of political expression on issues of public importance ...
  [Novaya Gazeta v Russia (App. No. 11884/22, 11 February 2025) §109]
  [Sabuncu v Turkey (App. No. 23199/17, 10 November 2020) §221]

... including "about acts which may amount to war crimes or crimes against humanity".
  [Novaya Gazeta v Russia §117]

- Where a measure will cause the outright dissolution of an association, it may only be taken "in the most serious cases", where "exceptionally justified" by "relevant and sufficient reasons".
  [Association Rhino v Switzerland (App. No. 48848/07, 11 October 2011) §62]
  [Adana Tayad v Turkey (App. No. 59835/10, 21 July 2020) §35]

- An association should be given "a prior hearing or warning notice or some other opportunity to be heard and to remedy shortcomings", unless to so would render the measure "void, ineffective or unenforceable".
  [Internationale Humanitare Hilfsorganisation eV v Germany (App. No. 11214/19, 10 October 2023) at §100]

▮  Criminal conviction constitutes one of the "most serious forms of interference with the right to freedom of expression" requiring particular justification ...
  [Perinçek v Switzerland (Application no. 27510/08, 15 October 2015) §273]

... while arrest, prosecution and sentencing (each constituting distinct interferences with Arts 10/11) must each also be proportionate.
  [Ziegler [2022] AC 408 §57; citing Kudrevičius v Lithuania (App. No. 37553/05, 15 October 2015) 62 EHRR 34, §100]

    Huda Ammori v Secretary of State for the Home Department