LINGENS v. AUSTRIA JUGDMENT 11 FINAL SUBMISSIONS MADE TO THE COURT 33. At the hearing on 25 November 1985, the Government requested the Court "to hold that the provisions of Article 10 (art. 10) of the European Convention on Human Rights were not violated in the instant case", and the applicant asked for a decision in his favour. AS TO THE LAW I. ALLEGED VIOLATION OF ARTICLE 10 (art. 10) 34. Under Article 10 (art. 10) of the Convention, "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." Mr. Lingens claimed that the impugned court decisions infringed his freedom of expression to a degree incompatible with the fundamental principles of a democratic society. This was also the conclusion reached by the Commission. In the Government’s submission, on the other hand, the disputed penalty was necessary in order to protect Mr. Kreisky’s reputation. 35. It was not disputed that there was "interference by public authority" with the exercise of the applicant’s freedom of expression. This resulted from the applicant’s conviction for defamation by the Vienna Regional Court on 1 April 1981, which conviction was upheld by the Vienna Court of Appeal on 29 October 1981 (see paragraphs 26 and 27 above). Such interference contravenes the Convention if it does not satisfy the requirements of paragraph 2 of Article 10 (art. 10-2). It therefore falls to be determined whether the interference was "prescribed by law", had an aim or aims that is or are legitimate under Article 10 para. 2 (art. 10-2) and was "necessary in a democratic society" for the aforesaid aim or aims (see, as the most recent authority, the Barthold judgment of 25 March 1985, Series A no. 90, p. 21, para. 43).