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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