CASTELLS v. SPAIN JUDGMENT 13 AS TO THE LAW I. ALLEGED VIOLATION OF ARTICLE 10 (art. 10) 23. Mr Castells claimed to be a victim of a violation of his right to freedom of expression as guaranteed under Article 10 (art. 10) of the Convention, which is worded as follows: "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. ... 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 integrity or public safety, for the prevention of 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." The Government contested this assertion, whereas the Commission agreed with it. A. The Government's preliminary objection 24. The Government contended, as they had done before the Commission, that the applicant had failed to exhaust his domestic remedies (Article 26 of the Convention) (art. 26). Probably "for tactical reasons", he had not specifically raised in the Constitutional Court the complaint concerning the alleged breach of the right to freedom of expression protected under Article 20 of the Constitution. In his amparo appeal he had referred to this provision only indirectly, complaining of discrimination in the exercise of that freedom; in addition, he had made no mention of Article 10 (art. 10) of the Convention or of similar provisions in other international instruments. According to the Institutional Act governing the amparo appeal procedure (no. 2/1979), he ought to have indicated clearly both the facts and the provisions allegedly infringed. It followed that Mr Castells had not given the Constitutional Court the opportunity to rule on the question which was now before the Court. 25. In reply the applicant maintained that he had expressly invoked Article 20 of the Constitution in the Constitutional Court. In the first place the facts set out in his amparo application established that what was at stake was a typical example of the exercise of the right to freedom of expression and showed evidently that there had been an interference. Furthermore, in the suplico he had cited, among other provisions, the article in question and in the legal argument he had alleged a violation of Article 20, taken together