103. The Respondent State did not submit on this allegation.
***
104. Article 9(2) of the Charter states that “ [e]very individual shall have the right
to express and disseminate his opinions within the law.”
105. Article 19 of the ICCPR provides that “[e]veryone shall have the right to hold
opinions without interference” and that “everyone shall have the right to
freedom of expression”, subject to such restrictions as are prescribed by law
and are necessary “for respect of the rights or reputations of others, for the
protection of national security or of public order, or of public health or
morals”.
106. It follows from these texts that, on the one hand, freedom of opinion and
freedom of expression are the foundation of any democratic society, and are
closely linked, freedom of expression being the vehicle for the exchange
and development of opinions. The two freedoms will therefore be examined
together. On the other hand, freedom of expression is not absolute since it
must be exercised “within the framework of the law”. It may therefore be
subject to restrictions provided for by law, which must, moreover, be for
legitimate purposes and be necessary and proportionate. These elements
are assessed on a case-by-case basis and in the context of a democratic
society.
107. The Court considers that the issue in the instant case is whether the
restrictions on the rights to freedom of opinion and of expression, of which
the Applicant alleges a violation, are prescribed by law and, if so, whether
they are necessary, legitimate and proportionate.
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