European Human Rights System
Article 10: Freedom of expression
- Paragraph 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. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
- Paragraph 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.
Place/Date of Conclusion: Rome, Italy, 04 November 1950
Entry into Force: 03 September 1953
Status: Parties: (47)
Legal Citation: European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 04 Nov. 1950), 312 E.T.S. 5, as amended by Protocol No. 3, E.T.S. 45; Protocol No. 5, E.T.S. 55; Protocol No. 8, E.T.S. 118; and Protocol No. 11, E.T.S. 155; entered into force 03 Sept. 1953 (Protocol No. 3 on 21 Sept. 1970, Protocol No. 5 on 20 Dec. 1971, Protocol No. 8 on 1 Jan 1990, Protocol 11 on 11 Jan 1998).
Article 1: General prohibition of discrimination
- Paragraph 1:
The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Place/Date of Conclusion: Rome, Italy, 04 November 2000
Entry into Force: 01 April 2005
Status: Signatories (37) Parties: (18)
Legal Citation: Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 04 Nov. 2000), E.T.S. 177, entered into force 01 Apr. 2005.
Article 2: Right of access to official documents
- Paragraph 1:
Each Party shall guarantee the right of everyone, without discrimination on any ground, to have access, on request, to official documents held by public authorities.
Place/Date of Conclusion: Tromso, Norway, 18 June 2009
Entry into Force: Not yet enforced
Status: Signatories (14) Parties: (6)
Article 4: Freedom of reception and retransmission
- The Parties shall ensure freedom of expression and information in accordance with Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms and they shall guarantee freedom of reception and shall not restrict the retransmission on their territories of programme services, which comply with the terms of this Convention.
Place/Date of Conclusion: Strasbourg, France, 05 May 1989
Entry into Force: 01 May 1993
Status: Signatories (40) Parties: (34)
Legal Citation: European Convention on Transfrontier Television (Strasbourg, 05 May 04 1989), E.T.S. 132, entered into force 01 May 1993.
Article 21: The right to information and consultation
- With a view to ensuring the effective exercise of the right of workers to be informed and consulted within the undertaking, the Parties undertake to adopt or encourage measures enabling workers or their representatives, in accordance with national legislation and practice:(a) to be informed regularly or at the appropriate time and in a comprehensible way about the economic and financial situation of the undertaking employing them, on the understanding that the disclosure of certain information which could be prejudicial to the undertaking may be refused or subject to confidentiality . . .
Place/Date of Conclusion: Turin, Italy, 18 October 1961
Entry into Force: 26 February 1965
Status: Signatories (32) Parties: (27)
Legal Citation: European Social Charter (Turin, 18 Oct. 1961), E.T.S. 035, entered into force 26 Feb.1965, revised 01 Jul. 1999, E.T.S. 163.
Article 11: Freedom of expression and information
- Paragraph 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.
- The freedom and pluralism of media shall be respected.
Place/Date of Conclusion: Nice, France, 07 December 2000 (Nice European Council)
Entry into Force: 1 December 2009, with the entry into force of the Treaty of Lisbon
Status: Parties: (28)
Legal Citation: Charter of Fundamental Rights of the European Union (18 Dec. 2000), 2010 O.J. C 83/02, entered into force 01 Dec. 2009.
Soft Law (guidelines, declarations, or principles)
- Declaration of the Committee of Ministers on the protection of journalism and safety of journalists and other media actors
- Committee of Ministers Recommendation No. R (2000) 7 on the right of journalists not to disclose their sources of information
- Amsterdam Recommendations: Freedom of the Media and the Internet-Organization for Security and Co-operation in Europe
- Bishkek Declaration: Media in Multi-Cultural and Multi-Lingual Societies-Organization for Security and Co-operation in Europe