22
MURPHY v. IRELAND JUDGMENT
and perhaps to an even greater degree, there is no uniform European
conception of the requirements of "the protection of the rights of others" in
relation to attacks on their religious convictions. What is likely to cause
substantial offence to persons of a particular religious persuasion will vary
significantly from time to time and from place to place, especially in an era
characterised by an ever growing array of faiths and denominations. By
reason of their direct and continuous contact with the vital forces of their
countries, State authorities are in principle in a better position than the
international judge to give an opinion on the exact content of these
requirements with regard to the rights of others as well as on the "necessity"
of a "restriction" intended to protect from such material those whose deepest
feelings and convictions would be seriously offended (the above-cited
Wingrove judgment, at § 58).
The Court therefore observes that it is this margin of appreciation which
distinguishes the present case from the above-cited case of Vgt Verein gegen
Tierfabriken v. Switzerland. In the latter case, the Court considered that the
advertisement prohibited concerned a matter of public interest to which a
reduced margin of appreciation applied.
68. It is for the European Court to give a final ruling on the restriction's
compatibility with the Convention and it will do so by assessing in the
circumstances of a particular case, inter alia, whether the interference
corresponded to a “pressing social need” and whether it was “proportionate
to the legitimate aim pursued”. Indeed, such supervision can be considered
to be all the more necessary given the rather open-ended notion of respect
for the religious beliefs of others and the risks of excessive interferences
with freedom of expression under the guise of action taken against allegedly
offensive material. In this regard, the scope of the restriction in the
legislation is especially important. The Court's task in this case is therefore
to determine whether the reasons relied on by the national authorities to
justify the measures interfering with the applicant's freedom of expression
are “relevant and sufficient” for the purposes of Article 10 § 2 of the
Convention (the above-cited Wingrove judgment, §§ 53 and 58-59).
69. Moreover, it is recalled that the potential impact of the medium of
expression concerned is an important factor in the consideration of the
proportionality of an interference. The Court has acknowledged that account
must be taken of the fact that the audio-visual media have a more immediate
and powerful effect than the print media (Jersild v. Denmark, judgment of
23 September 1994, Series A no. 298, § 31).
(b) The application of those principles to the present case
70. The Court notes at the outset that the nature and purpose of the
expression contained in the relevant advertisement accords with it being
treated as religious, as opposed to commercial, expression even if the
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