society. It includes the freedom to hold, share and explore opinions and
ideas in various forms. The European Court has also recognised that
freedom of expression includes the right of individuals or groups to
express their views through public protest and demonstration, which
makes it closely linked to the right to peaceful assembly.
91.
Freedom of expression offers protection for various types of discourse,
including political and religious, as well as enabling cultural and artistic
expression. LINGENS V. AUSTRIA, 8 JULY 1986 (APPLICATION NO. 9815/82).
JUDGMENT. STRASBOURG. 8 JULY 1986; ŞENER V. TURKEY, 18 JULY 2000
26680/95 [2000] ECHR 377 (18 JULY 2000. See also “Applicability of Article
10 of the Convention” in the European Court of Human Rights Guide on
Article 10 of the European Convention on Human Rights, Freedom of
Expression, Page 12-14.
92. The African Commission on Human and Peoples’ Rights (ACHPR)
Declaration of Principles on Freedom of Expression and Access to
Information in Africa (ACHPR Principles) in expressing the importance
of the right stated that “Freedom of expression and access to information
are fundamental rights protected under the African Charter and other
international human rights laws and standards. The respect, protection
and fulfilment of these rights is crucial and indispensable for the free
development of the human person, the creation and nurturing of
democratic societies and for enabling the exercise of other rights.”
Principle 1, paragraph 1.
93. The Court recognised the fundamental nature of this right when it held
that “Freedom of expression is a fundamental human right and full
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