18 RUBINS v. LATVIA JUDGMENT requirement to act in good faith in the context of an employment contract does not imply an absolute duty of loyalty towards the employer or a duty of discretion to the point of subjecting the worker to the employer’s interests, certain manifestations of the right to freedom of expression that may be legitimate in other contexts are not legitimate in that of labour relations (see Palomo Sánchez and Others, cited above, § 76). Thus the Court is ready to accept that the interference had a basis in domestic law which served a legitimate aim. 74. Mindful of the Court’s supervisory role, according to which it is not for the Court to take the place of the competent national authorities but rather to review the decisions taken by the latter pursuant to their power of appreciation, the Court will next ascertain whether the national authorities adequately secured the applicant’s right to freedom of expression in assessing the necessity of the interference in the context of labour relations (ibid.,§ 61). 3. Whether the interference was “necessary in a democratic society” (a) General principles 75. The Court will first reiterate the fundamental principles deriving from Article 10 case-law. These principles provide that freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of pluralism, tolerance and broadmindedness without which there is no “democratic society”. As set forth in Article 10, this freedom is subject to exceptions, which must, however, be construed strictly, and the need for any restrictions must be established convincingly. Moreover, Article 10 protects not only the substance of the ideas and information expressed but also the form in which they are conveyed (see, among many other authorities, Palomo Sánchez and Others, cited above, § 53 and the case-law cited there). 76. In this connection the test of “necessity in a democratic society” is applied, which requires the Court to determine whether the “interference” complained of corresponded to a “pressing social need”, whether it was proportionate to the legitimate aim pursued and whether the reasons given by the national authorities to justify it are relevant and sufficient (see The Sunday Times v. the United Kingdom (no. 1), 26 April 1979, § 62, Series A no. 30). 77. In carrying out its supervisory role the Court has to satisfy itself that the national authorities did apply standards which were in conformity with the principles embodied in Article 10 and, moreover, that they based

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