Handyside v United Kingdom, 5493/72, (1976) 1 EHRR 737, [1976] ECHR 5
Citation: Handyside v United Kingdom, 5493/72, (1976) 1 EHRR 737, [1976] ECHR 5
Rule of thumb: Is it a violation of freedom of expression for books about porn/crude behaviour to be banned? No, when literature falls into the category of being crude & shocking it is not a violation of freedom of expression for it to be banned.
Judgment:
The basic facts of this case were that Mr Handyside had written a book targeted at teenagers explaining masturbation, abortion, porn etc and was allowed to sell this to teenagers in many parts of Europe. However, the UK banned the sale of this book to teenagers in the UK as they felt it was crude and Mr Handyside was fined under the obscene publications act for doing so. Handyside claimed that his right to expression had been violated by this decision. The Court held that this was a matter which fell within the ‘margin of appreciation’, and that this was a matter which was not utterly clear as to the best way to deal with it meaning that the national country should be afforded the right to deal with the matter the way that they best saw fit, ‘Freedom of expression...is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population..it is not possible to find in the domestic law of the Contracting States a uniform conception of morals. The view taken by their respective laws...varies from time to time and from place to place...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 as well as on the "necessity" of a "restriction" or "penalty" intended to meet them.. The Court...is empowered to give a final ruling on whether a "restriction" or "penalty" is reconcilable with freedom of expression as protected by Article 10. The domestic margin of appreciation thus goes hand in hand with a European supervision.'
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.