LINGENS v. AUSTRIA JUGDMENT
13
of 26 April 1979, Series A no. 30, p. 36, para. 59). The Court is therefore
empowered to give the final ruling on whether a "restriction" or "penalty" is
reconcilable with freedom of expression as protected by Article 10 (art. 10)
(ibid.).
40. In exercising its supervisory jurisdiction, the Court cannot confine
itself to considering the impugned court decisions in isolation; it must look
at them in the light of the case as a whole, including the articles held against
the applicant and the context in which they were written (see, mutatis
mutandis, the Handyside judgment of 7 December 1976, Series A no. 24, p.
23, para. 50). The Court must determine whether the interference at issue
was "proportionate to the legitimate aim pursued" and whether the reasons
adduced by the Austrian courts to justify it are "relevant and sufficient" (see
the above-mentioned Barthold judgment, Series A no. 90, p. 25, para. 55).
41. In this connection, the Court has to recall that freedom of expression,
as secured in paragraph 1 of Article 10 (art. 10-1), 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 (art. 10-2), 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 that pluralism, tolerance and broadmindedness without which
there is no "democratic society" (see the above-mentioned Handyside
judgment, Series A no. 24, p. 23, para. 49).
These principles are of particular importance as far as the press is
concerned. Whilst the press must not overstep the bounds set, inter alia, for
the "protection of the reputation of others", it is nevertheless incumbent on
it to impart information and ideas on political issues just as on those in other
areas of public interest. Not only does the press have the task of imparting
such information and ideas: the public also has a right to receive them (see,
mutatis mutandis, the above-mentioned Sunday Times judgment, Series A
no. 30, p. 40, para. 65). In this connection, the Court cannot accept the
opinion, expressed in the judgment of the Vienna Court of Appeal, to the
effect that the task of the press was to impart information, the interpretation
of which had to be left primarily to the reader (see paragraph 29 above).
42. Freedom of the press furthermore 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 which prevails throughout the
Convention.
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 by both journalists and the public at large, and he must
consequently display a greater degree of tolerance. No doubt Article 10