We have the right to express ourselves freely and hold our own opinions – even if our views are unpopular or could upset or offend others. That right is protected by Article 10 of the Human Rights Act as being fundamental to our democracy. 

It means we’re free to hold opinions and ideas and to share them with others without interference.

Article 10 also protects our right to communicate and express ourselves in any medium – including through words, pictures (you can see where I am going with this) and actions. It’s often used to defend press freedom and protect journalists’ sources. It positively includes the right to express our views through works of art.

Good news so far but having said that we have freedom of expression that freedom is tempered by a duty to behave responsibly and to respect other people’s rights.

Public authorities may restrict our rights if they can show that their action is lawful, necessary and proportionate in order to:

1. Protect national security, territorial integrity (the borders of the state) or public safety

2. Prevent disorder or crime

3. Protect health or morals

4. Protect the rights and reputations of other people

5. Prevent the disclosure of information received in confidence

6. Maintain the authority and impartiality of judges

An authority may be allowed to restrict your freedom of expression if, for example, you express views that encourage racial or religious hatred. These are wide sweeping powers the implementation of which are, unfortunately, often open to interpretation… shades of grey again…

The Article in full:

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Used in the right way it’s powerful stuff: it allows us to make free statements through our street art which not everyone will agree with but there is always a balance. We know that, there is a balance to everything in life: its just finding it that’s the challenge…