CASTELLS v. SPAIN JUDGMENT
18
draws attention to their preoccupations and defends their interests.
Accordingly, interferences with the freedom of expression of an opposition
member of parliament, like the applicant, call for the closest scrutiny on the
part of the Court.
43. In the case under review Mr Castells did not express his opinion from
the senate floor, as he might have done without fear of sanctions, but chose
to do so in a periodical. That does not mean, however, that he lost his right
to criticise the Government.
In this respect, the pre-eminent role of the press in a State governed by
the rule of law must not be forgotten. Although it must not overstep various
bounds set, inter alia, for the prevention of disorder and the protection of the
reputation of others, it is nevertheless incumbent on it to impart information
and ideas on political questions and on other matters of public interest (see,
mutatis mutandis, the Sunday Times v. the United Kingdom judgment of 26
April 1979, Series A no. 30, p. 40, para. 65, and the Observer and Guardian
judgment, cited above, Series A no. 216, p. 30, para. 59 (b)).
Freedom of the press affords the public one of the best means of
discovering and forming an opinion of the ideas and attitudes of their
political leaders. In particular, it gives politicians the opportunity to reflect
and comment on the preoccupations of public opinion; it thus enables
everyone to participate in the free political debate which is at the very core
of the concept of a democratic society (see the Lingens v. Austria judgment
of 8 July 1986, Series A no. 103, p. 26, para. 42).
44. In its judgment of 31 October 1983, the Supreme Court took the view
that the contested article had crossed over the line between political
criticism and insult, albeit only slightly, by its use of certain terms (see
paragraph 13 above).
45. The Court observes, like the Commission, that Mr Castells began by
denouncing the impunity enjoyed by the members of various extremist
groups, the perpetrators of numerous attacks in the Basque Country since
1977. He thereby recounted facts of great interest to the public opinion of
this region, where the majority of the copies of the periodical in question
were sold. In his conclusion, however, he levelled serious accusations
against the Government, which in his view was responsible for the situation
which had arisen (see paragraph 7 above).
46. The freedom of political debate is undoubtedly not absolute in nature.
A Contracting State may make it subject to certain "restrictions" or
"penalties", but it is for the Court to give a final ruling on the compatibility
of such measures with the freedom of expression enshrined in Article 10
(art. 10) (see, mutatis mutandis, the Observer and Guardian judgment, cited
above, Series A no. 216, para. 59 (c)).
The limits of permissible criticism are wider with regard to the
Government than in relation to a private citizen, or even a politician. In a
democratic system the actions or omissions of the Government must be