15 CASTELLS v. SPAIN JUDGMENT The applicant also invoked both his right to be presumed innocent and his right to adduce evidence capable of establishing the accuracy of his statements. In so doing, he was formulating a complaint which was plainly linked to the alleged violation of Article 10 (art. 10) of the Convention. Indeed that was how the Constitutional Court construed the complaint; it joined the question of the relevance of the evidence to that of the merits of the case, namely the offence provided for in Article 161 of the Criminal Code, whose compatibility with the freedom of expression it examined (points 9 and 10 of the "As to the Law" part of the judgment of 10 April 1985; see paragraph 17 above). 31. The Court notes finally, like the Commission, that Mr Castells cited Article 20 of the Constitution both in his notice of the amparo appeal, filed in the Supreme Court, and in the suplico of his application of 22 November 1983 (see paragraphs 13 and 15 above). Subsequently, in a number of written communications to the Constitutional Court, he also referred, in connection with the defence of truth, to his right "to receive and communicate true information" (see paragraph 16 above). No doubt the reason why the appeal failed in this respect is to be found in the limits which at the time the Constitutional Court set to its jurisdiction. In its view, the problem of the admissibility of the defence of truth in relation to the offence of insulting the Government raised a question of statutory interpretation rather than an issue of compliance with the Constitution, and the application of Article 161 of the Criminal Code in the case under review was exclusively a matter for the ordinary courts (see paragraph 17 above; and, mutatis mutandis, the Guzzardi v. Italy judgment, cited above, Series A no. 39, p. 27, para. 72). 32. Accordingly, the Court considers that the applicant did invoke before the Constitutional Court, "at least in substance", the complaints relating to Article 10 (art. 10) of the Convention. The objection that Mr Castells failed to exhaust domestic remedies must therefore be dismissed. B. Merits of the complaint 33. In Mr Castells's submission, the criminal proceedings brought against him, and his subsequent conviction for insulting the Government, interfered with his freedom of expression, in particular because he was not allowed to establish the truth of the statements contained in his article. 34. The restrictions and penalties of which he complained are undeniably an "interference" with the exercise of the freedom in question. For such an interference to avoid infringing Article 10 (art. 10), it must be "prescribed by law", carried out in pursuit of one or more of the legitimate aims set out in Article 10 para. 2 (art. 10-2) and "necessary in a democratic society" in order to attain such an aim or aims.