“people who assume highly visible public roles must necessarily face a higher
degree of criticism than private citizens; otherwise public debate may be stifled
altogether”.
In
ALTUG
TANKER
AKCAM
V
TURKEY
application
no.
27520/07
25"
October 2011 where the Applicant complained that the existence of Article 301 of
the Turkish Criminal Code interfered with his right to freedom of expression, the
Court
held that
in determining
whether
the contested
legislation
is in itself
compatible with the Cenvention’s provisions. Article 391 of the.Turkish Criminal
Code and the criminal investigation commenced against the applicant does not meet
the “quality of law” required by the court’s settled case-law, since its unacceptable
broad terms result in a lack of foreseeability as to it effect. The court concluded that
the interference in question was not prescribed by law and accordingly, there has
been a violation under Article 10 of the Convention.
Similarly, In Otegi Mondragon V Spain no. 2034/07, 15" march 2011 the Court
in its decision with regard the penalty imposed on the applicant, observed that the
nature and severity of the penalties imposed are factors to be taken into consideration
in assessing the “proportionality” of the interference. The court held that, there had
been
an
interference with the exercise of the applicant’s
expression under Article 10 of the Convention.
46
right to freedom
of