Handyside Case

Abstract

The individual in international law — Human rights and freedoms — Freedom of expression — Limits on freedom of expression — Conviction of publisher and seizure of publications under obscenity legislation — Whether restrictions necessary for the protection of morals — No common European concept of morals — Margin of appreciation afforded to State authorities — Function of freedom of expression in a democratic society — Relevance of age of target readership of literature — Relevance of attitude of other European States towards same publication — Relevance of attitude of national authorities towards other similar publications — European Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 10, 17 and 18

Discrimination — Whether seizure of allegedly obscene literature politically motivated — European Convention, Article 14

Deprivation of possessions — Meaning — Provisional seizure pending trial — Eventual destruction — Whether necessary — First Protocol to the European Convention, Article 1

European Court of Human Rights — Jurisdiction — Supervisory role in relation to Article 10 and Article 1 of the First Protocol to the European Convention — Capacity to review decisions of national authorities — Capacity to consider allegation already rejected by Commission as manifestly ill-founded

Treaties — Interpretation — Bilingual treaties — Comparison of French and English texts