MURPHY v. IRELAND JUDGMENT
21
3. Legitimate aim
63. The Government maintained that the prohibition sought to ensure
respect for the religious doctrines and beliefs of others so that the aims of
the impugned provision were public order and safety together with the
protection of the rights and freedoms of others.
While disputing the necessity of the statutory provision, the applicant did
not directly contest that these aims had been pursued by the enactment of
section 10(3) of the 1988 Act.
64. The Court does not see any reason to doubt that these were indeed
the aims of the impugned legislation and considers that they constituted
legitimate aims for the purposes of Article 10 § 2 of the Convention (the
above-cited Otto-Preminger-Institut judgment, at § 47).
4. “Necessary in a democratic society”
(a) General principles
65. The Court recalls that freedom of expression constitutes one of the
essential foundations of a democratic society. As paragraph 2 of Article 10
expressly recognises, however, the exercise of that freedom carries with it
duties and responsibilities. Amongst them, in the context of religious
beliefs, is the general requirement to ensure the peaceful enjoyment of the
rights guaranteed under Article 9 to the holders of such beliefs including a
duty to avoid as far as possible an expression that is, in regard to objects of
veneration, gratuitously offensive to others and profane (the above-cited
Otto-Preminger-Institut judgment, §§ 46, 47 and 49).
66. No restriction on freedom of expression, whether in the context of
religious beliefs or in any other, can be compatible with Article 10 unless it
satisfies, inter alia, the test of necessity as required by the second paragraph
of that Article. In examining whether restrictions to the rights and freedoms
guaranteed by the Convention can be considered "necessary in a democratic
society" the Court has, however, consistently held that the Contracting
States enjoy a certain but not unlimited margin of appreciation (the abovecited Wingrove judgment, § 53).
67. In this latter respect, there is little scope under Article 10 § 2 of the
Convention for restrictions on political speech or on debate of questions of
public interest (see, mutatis mutandis, among many other authorities,
Lingens v. Austria, judgment of 8 July 1986, Series A no. 103, § 42;
Castells v. Spain, judgment of 23 April 1992, Series A no. 236, § 43; and
Thorgeir Thorgeirson v. Iceland, judgment of 25 June 1992, Series A
no. 239, § 63). However, a wider margin of appreciation is generally
available to the Contracting States when regulating freedom of expression in
relation to matters liable to offend intimate personal convictions within the
sphere of morals or, especially, religion. Moreover, as in the field of morals,
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