12
MURPHY v. IRELAND JUDGMENT
Article 9
“1. Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom ..., to manifest his religion or belief, in worship, teaching, practice
and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such
limitations as are prescribed by law and are necessary in a democratic society ..., for
the protection of public order, health or morals, or for the protection of the rights and
freedoms of others.”
Article 10
“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.
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 ...
public safety, for the prevention of disorder or crime, for the protection of health or
morals, ...”
A. The parties' submissions
1. The Government
34. The Government argued that the limitation on the applicant's rights
under Articles 9 and 10 was so minimal as not to constitute an interference
with those rights. They referred, inter alia, to the fact that the applicant
could have otherwise advanced his views both orally and in writing, in the
print media and in public assembly. He could also have appeared on radio
and television and have transmitted the video by satellite and other means.
35. They also contended that any interference was “prescribed by law”
(section 10(3) of the 1988 Act) and pursued aims (public order and safety
together with the rights and freedoms of others) that were legitimate within
the meaning of the second paragraph of Articles 9 and 10 of the Convention.
36. However, the majority of the Government's submissions to the Court
concerned its contention that the prohibition of the broadcasting of religious
advertisements was a proportionate response to those legitimate aims.
37. The Government maintained that certain key features of the case
strongly suggested that a generous margin of appreciation should be
accorded to the State as regards the means it chose to fulfil the aims it
sought to achieve. The present case concerned the broadcasting
(Informationsverein Lentia and Others v. Austria, judgment of
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