20
MURPHY v. IRELAND JUDGMENT
see no reason why the State should consider that assessing religious
advertising would put them in an invidious position.
59. For these reasons, the applicant concluded that there was no pressing
reason which justified the prohibition of his advertisement.
B. The Court's assessment
1. Interference
60. The Court notes that the applicant maintained that the application of
section 10(3) of the 1988 Act in his case interfered with his rights
guaranteed by Articles 9 and Article 10 of the Convention. While arguing
that there had been no interference with his rights under either Article, the
Government's submissions to the Court were, for the most part, expressed in
terms of Article 10 of the Convention.
61. The Court considers that the matter essentially at issue in the present
case is the applicant's exclusion from broadcasting an advertisement, an
issue concerning primarily the regulation of his means of expression and not
his profession or manifestation of his religion. It recalls that Article 10
protects not only the content and substance of information but also the
means of dissemination since any restriction on the means necessarily
interferes with the right to receive and impart information (Öztürk v. Turkey
[GC], no. 22479/93, § 49, ECHR 1999-VI). Accordingly, the Court is of the
view that the applicant's complaint about the prohibition contained in
section 10(3) of the 1988 Act falls to be examined under Article 10 of the
Convention. Given the parties' submissions concerning the scope of that
Article and the above-cited Handyside judgment (see, in particular, § 49),
the Court reiterates that even expression which could be considered
offensive, shocking or disturbing to the religious sensitivities of others falls
within the scope of the protection of Article 10, the question for the Court
being whether any restriction imposed on that expression complies with the
provisions of that Article.
In addition, having regard to the fact that the applicant was prevented
from broadcasting the advertisement as a result of the application of
section 10(3) of the 1988 Act, there clearly has been an interference with his
right to freedom of expression.
2. “Prescribed by law”
62. The parties did not dispute, and the Court considers it clear, that the
prohibition applied to the applicant was set out in a clear and accessible
manner in section 10(3) of the 1988 Act.
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